Can I sign a Loyalty Oath?

[Calicolom 265]

14 hours ago, JeanneAdil said:

Seems Arizona has oaths for public office 

don't be surprised if they also have a confidentiality document u may need to sign if u r hired

 

Sign it if u want the job 

 

Oaths for public officials not in the employ of the state are with the jurisdiction in which they were elected or appointed. For example, the oath of a county supervisor would be with the county recorder; and, oaths for town or municipal corporation officers or employees are filed in the respective office of the employing board, commission or agency of the city, town or municipal corporation. Oaths for school district and public education institution employees can be found with the district or institution.

In the days, When I had my green card.I was not able to work for any government agency, or work for any company, having government contracts. Could not own guns, could not speak a foreign langwitch on air, or on 2 way radio. And many more things I could not do as a green card holder.

[Boiler 45,445]

Just now, Calicolom said:

In the days, When I had my green card.I was not able to work for any government agency, or work for any company, having government contracts. Could not own guns, could not speak a foreign langwitch on air, or on 2 way radio. And many more things I could not do as a green card holder.

You can certainly own guns as a LPR

 

And there are certain jobs reserved for US Citizens, but not that many, for example I know somebody working for the Police who is a LPR and I think California has gone beyond that and allow DACA to join the Police etc.

 

Foreign language on air? 

[F3MTL 9]

10 minutes ago, telso said:

That's actually exactly what I was contemplating. The Supreme Court summarily affirmed that ruling, meaning it did not even feel the need to hold a hearing, so it is indisputable that that constitutional provision is inoperative. There is a good list of cases and opinions with similar outcomes (click on summaries or citing cases). So that's pretty conclusive, and you're safe taking the job.

 

The issue, then, is how this oath is affected by the court invalidation of the citizenship/alien requirement referenced in the exemption. One could say that since the constitutional section is invalid, the exemption is invalid, so everyone must take the oath (just eliminate subsection D). Conversely, one could say that since the exemption is still valid for faculty who are aliens, what the courts could do was say every alien should be treated as faculty are, so all aliens are exempt (rewrite subsection D as "Any of the persons, relating to the employment of aliens, are exempted from any compliance with this section."). Legally speaking, it is whether the courts would read down or read in the law: do you narrow or broaden the exemption, or narrow or broaden the law. (Also, fun fact, the U.S. Supreme Court invalidated a broader version of this oath, which banned joining any organization that did anything ad, but that language has been removed.)

At this point, though the oath was originally required in a way that only citizens could take it, it's now unclear, but you don't have to affirm citizenship in saying it, so if you want you can just do it and not worry. Or you can press someone at HR or the AG/SOS office who is a lawyer to pronounce on this before doing it. Or you can hire a lawyer and try to get this settled, but that seems like overkill. Lastly, it would be nice to contact your state legislators and ask them to fix this law, which references an invalid part of the state constitution, and maybe even repeal that invalid section of the constitution. Good luck!

Thanks for such a detailed answer. 

 

Yes, it's definitely interesting reading up on these. I sent an email to one of the people working at HR for my state agency/department confirming my requirement for signing the Loyalty Oath. But, I think as you mentioned above, I should be in the clear whether I sign it or not. 

 

Sometimes I get really concerned about these things so apologies if I sound a bit unexperienced. This is one of my first jobs out of college, and I'm 23 and really want to make sure I play it safe as a LPR. 

 

Also great to see you're from Canada too. 

 

 

[JeanneAdil 6,489]

2 hours ago, Calicolom said:

In the days, When I had my green card.I was not able to work for any government agency, or work for any company, having government contracts. Could not own guns, could not speak a foreign langwitch on air, or on 2 way radio. And many more things I could not do as a green card holder.

An alien legally in the U.S. is not prohibited from purchasing firearms unless the alien is admitted into the U.S. under a nonimmigrant visa and does not meet one of the exceptions as provided in 18 U.S.C. 922(y)(2), such as possession of a valid hunting license or permit.

 

and speaking in foreign language on air???  There is no rule or law that says a person (LPR) or even an illegal can't speak or write on air in the native tongue  / its done all the time

 

Even someone here on a tourist visa can call home to family and not speak in English

 

 

Do green card holders have constitutional rights?

 

Regardless of your immigration status, you have guaranteed rights under the Constitution.

 

Other than the right to vote and hold certain jobs,  a green card holder has same rights as a USC

 

u may be interested in the following US government site

https://www.uscis.gov/green-card/after-we-grant-your-green-card/rights-and-responsibilities-of-a-green-card-holder-permanent-resident

Edited February 13, 2023 by JeanneAdil

[Chancy 6,241]

2 hours ago, F3MTL said:

Sometimes I get really concerned about these things so apologies if I sound a bit unexperienced. This is one of my first jobs out of college, and I'm 23 and really want to make sure I play it safe as a LPR. 

 

No need to apologize.  This level of caution is necessary.  As others already mentioned, claiming to be a US citizen on any form is a cardinal sin for an LPR.  So it is very prudent of you to ask about it.

 

Edited February 13, 2023 by Chancy