Cecily Zamora
In the United States, sheriffs and their deputies are the chief law enforcement officers in their respective counties. They are elected officials and are responsible for all traditional law enforcement functions, including investigations and countywide patrol. However, some sheriffs have refused to enforce certain laws, such as gun safety laws and immigration laws, claiming that they violate the Constitution. This has led to concerns about the rise of the constitutional sheriff movement, which asserts that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement. While sheriffs have the power to detain people, they are not authorized to decide which laws to enforce or disregard. Their refusal to uphold duly enacted state laws is considered a violation of their oaths and a threat to the democratic process.
| Characteristics | Values |
|---|---|
| Sheriff's role | Enforcing the laws, not deciding whether they are constitutional |
| Sheriff's powers | Detaining people, including undocumented immigrants |
| Sheriff's influence | Influential in local politics, often working with right-wing media and social movements |
| Sheriff's jurisdiction | Countywide investigations, irrespective of municipal boundaries |
| Sheriff's authority | Not superior to other state or federal officers, according to the Supreme Court |
| Sheriff's duties | Providing enforcement services for the courts |
| Sheriff's discretion | Deciding which laws to enforce or not enforce |
| Sheriff's accountability | Subject to the same influences as other politicians, as it is an elected position |
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What You'll Learn
Sheriffs' refusal to enforce federal laws
In the United States, a sheriff is typically an elected official who serves to keep the peace and enforce criminal laws within a county. They are the chief law enforcement officer in any given county, with broad discretion over how to enforce state laws. However, in recent years, there have been several instances of sheriffs refusing to enforce certain laws, particularly those related to gun control and immigration enforcement.
For example, in 2013, 500 sheriffs agreed not to enforce any gun laws created by the federal government, and in Washington State, several county sheriffs publicly refused to enforce a state gun control law passed by a voter-approved initiative. Similarly, sheriffs in California and North Carolina took public stands against supporting federal Immigration and Customs Enforcement (ICE) raids, believing that they were hurting public trust in their office.
While sheriffs have the power to decide which laws to enforce, their refusal to enforce duly enacted state laws can be seen as a violation of their oaths, shirking their duties, and trampling on the democratic process. As one court explained, "the oath to support and defend the Constitution requires a public official to act within the constraints of our constitutional system, not to disregard presumptively valid statutes and take action in violation of such statutes on the basis of the official's own determination of what the Constitution means."
In some cases, sheriffs who refuse to enforce certain laws may face legal consequences. For instance, Ex-Sheriff Arpaio was found in contempt of court in 2017 for refusing to follow a federal judge's order to stop profiling and detaining Latinx people during traffic stops and immigration raids. Additionally, sheriffs who refuse to conduct background checks on firearm purchases or execute extreme risk protection orders may be held financially responsible if a firearm is subsequently used to kill or injure someone.
The "constitutional sheriff" movement, which includes current and former law enforcement members, believes that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement. This movement has links to white supremacy and includes famous members such as Joe Arpaio and David Clarke, the ex-sheriff of Milwaukee County. While it may seem like a fringe movement, it has a significant presence, with almost all elected sheriffs in Utah signing an agreement to protect the Bill of Rights and fight any federal officials who tried to limit them.
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Sheriffs' role in immigration enforcement
In the United States, sheriffs are generally elected officials and the chief law enforcement officers in their respective counties. They are responsible for countywide patrol and investigations, irrespective of municipal boundaries, and their deputies are often seen supporting local police in traffic control and at large events.
Sheriffs have the power to detain people, which means they often play a role in immigration enforcement. For example, in Florida, ICE has implemented a pilot program that pays sheriffs $50 per person to detain individuals solely for immigration proceedings for up to 48 hours. This has led to controversies, such as the case of ex-Sheriff Arpaio, who was found in contempt of court for refusing to stop profiling and detaining Latinx people.
The role of sheriffs in immigration enforcement has been a subject of debate, with some sheriffs refusing to enforce certain laws, particularly in so-called "sanctuary cities" for immigrants. These cities generally involve local officials instructing law enforcement officers not to enter into contracts with the federal government to enforce federal immigration laws. While sheriffs have the power to decide which laws to enforce, this practice has been criticized as a violation of their oaths and a trampling of the democratic process.
In recent years, there has been a push for greater involvement of local law enforcement in immigration enforcement. The Trump Administration expanded the 287(g) immigration enforcement program, which allows local law enforcement agencies to take on civil immigration enforcement authority. This has raised concerns about increased discrimination, arrest, and deportation of immigrants.
Additionally, some sheriffs have publicly announced that they will not enforce certain gun safety laws, citing that they believe these laws violate the Second Amendment. This has sparked debates about the role of sheriffs in deciding which laws to enforce and the potential consequences for a lawless society.
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Sheriffs' power to detain people
Sheriffs are empowered by and accountable to the people of their community. They are elected by the members of their community and are answerable to them. In the United States, sheriffs are granted significant power within their communities. They are the chief law enforcement officers in their respective counties.
The role of a sheriff is not limited to enforcing laws; historically, they have also decided which laws not to enforce. They view this as protecting the people from federal government intervention. This ideology is held by the "'constitutional sheriff" movement, which includes current and former law enforcement members who believe that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement. The movement has links to white supremacy, with famous members including Joe Arpaio and David Clarke.
Sheriffs have the power to detain people, which often involves them in immigration enforcement. An example of this is ex-Sheriff Joe Arpaio, who was found in contempt of court for refusing to follow a federal judge's order to stop profiling and detaining Latinx people.
In some counties, sheriffs maintain law enforcement services such as K-9, criminal investigation, tactical response, gang enforcement, and warrant teams. They also support local police in traffic control and at large events. However, in some places, the sheriff department's role as primary law enforcement has led to disparities in treatment and excessive force, particularly against people of color.
County Sheriffs and their deputies take into custody unincarcerated persons immediately upon conviction of an imprisonable offense and convey them to correctional facilities. They do not engage in typical law enforcement; their primary role is to provide enforcement services for the courts.
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Sheriffs' influence in local politics
Sheriffs are a unique and influential feature of local politics in the United States. They are typically elected officials, chosen by voters, and are not subject to the supervision of city councils or mayors. This sets them apart from police chiefs, who are often at-will employees hired and fired by mayors or city managers. This independence means sheriffs have considerable autonomy and are less susceptible to political shifts, union influence, and responses to incidents of misconduct.
The role of the sheriff varies across the country. In some states, they are the chief law enforcement officer in their county, providing all traditional law enforcement functions, including countywide patrol and investigations. In other states, their primary role is to provide enforcement services for the courts. In California, for example, sheriffs police unincorporated areas and rural municipalities, while in Alabama, each county has a sheriff with varying numbers of deputies and staff, usually dependent on the population.
The length of tenure for sheriffs is also notable. A study of sheriff elections over 50 years found that sheriffs held office for nearly three times longer than the average police chief. This longevity can be a double-edged sword. It may provide an opportunity for lasting change, but it can also obstruct accountability, especially in communities where unchecked influence prevails. The independence of sheriffs and their elections being quieter affairs can further compound the accountability gap.
The "constitutional sheriff" movement believes that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement. This movement has links to white supremacy and includes famous members like Joe Arpaio and David Clarke. These sheriffs view their selective enforcement of laws as protecting their constituents from federal government intrusion. For example, in 2013, 500 sheriffs agreed not to enforce any federal gun laws, and in Utah, sheriffs signed an agreement to protect the Bill of Rights and fight any federal officials who tried to limit those rights.
Sheriffs have also been known to refuse to enforce duly enacted state laws, such as common-sense gun safety laws passed in several states. They claim that these laws violate the Second Amendment, even though courts have upheld these laws as constitutional. By setting this precedent, sheriffs are, in effect, deciding for themselves which laws to follow and which to ignore, potentially leading to a lawless society.
The power and autonomy of sheriffs make them central players in policing reform. Their influence over law enforcement can be a force for change, but it also creates a space for groups with specific agendas, often right-wing, to shape law enforcement to their advantage. This has been seen in the advancement of mass incarceration, mass deportation, and support for far-right causes.
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Sheriffs' relationship with federal agencies
The relationship between sheriffs and federal agencies is complex and has been the subject of much debate and controversy in recent years. While sheriffs are generally responsible for law enforcement at the county or local level, their interactions with federal agencies can vary depending on the specific context and situation.
In the United States, sheriffs are typically elected officials and the chief law enforcement officers in their respective counties. They maintain traditional law enforcement functions, including countywide patrol, investigations, criminal investigations, tactical response, gang enforcement, and warrant teams. Sheriffs and their deputies have the power to detain and arrest individuals, which often intersects with federal agencies, especially in immigration enforcement. For example, ICE (Immigration and Customs Enforcement) can issue detainers, requesting law enforcement to hold an individual for 48 hours, even if they have posted bond or completed a jail sentence. However, courts have found that sheriffs who detain people without probable cause violate the Fourth Amendment.
The "constitutional sheriff" movement has gained prominence, comprising current and former law enforcement members who believe that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement. These "constitutional sheriffs" assert their power to determine the constitutionality of the laws they enforce and refuse to enforce laws they deem unconstitutional. This movement has led to sheriffs refusing to enforce various public safety laws, including COVID-19 mask mandates, state and federal gun laws, and federal land management regulations. In 2013, 500 sheriffs agreed not to enforce any gun laws created by the federal government, and in Utah, elected sheriffs signed an agreement to protect the Bill of Rights and resist any federal officials attempting to limit those rights.
The relationship between sheriffs and federal agencies can also be influenced by political affiliations and ideologies. For instance, Joe Arpaio, the ex-sheriff of Maricopa County, was found in contempt of court in 2017 for refusing to follow a federal judge's order to stop profiling and detaining Latinx individuals during traffic stops and immigration raids. His push to deport undocumented immigrants was a constant throughout his tenure. Similarly, David Clarke, the former sheriff of Milwaukee County, is known for his support for former President Trump.
In certain cases, the functions typically associated with sheriffs' offices are delegated to other agencies. For example, in the District of Columbia, the United States Marshal Service, a federal agency, handles most court and civil processes, while the District of Columbia Protective Services Police Department (PSPD) performs functions usually reserved for the sheriff's office on behalf of the elected local government.
While sheriffs have significant law enforcement powers, they are not above federal law, as clarified by the Supreme Court. Sheriffs who refuse to enforce duly enacted state laws are violating their oaths, shirking their duties, and contravening the democratic process. By selectively enforcing laws, they risk creating a lawless society where law enforcement officers can choose which laws to follow and which to ignore.
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Frequently asked questions
Sheriffs are charged with enforcing the laws, not deciding for themselves whether they are constitutional. However, historically, some sheriffs have not only enforced the laws but have also decided which laws not to enforce. This is known as the "constitutional sheriff" movement, which claims that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement.
The "constitutional sheriff" movement comprises current and former members of law enforcement who believe that sheriffs are the ultimate authority in their jurisdiction, even above federal law enforcement.
The rise of the "constitutional sheriff" movement and its effort to mobilize local law enforcement to intervene in election administration is troubling. This movement seeks to disregard the will of the voters, circumvent the legislative process, and short-circuit the judicial function, paving the way for a lawless society.
In 2013, 500 sheriffs agreed not to enforce any gun laws created by the federal government. In addition, some sheriffs have refused to enforce duly enacted state laws, such as those related to immigration enforcement, claiming that they are sanctuary cities and drawing a line between state and local governments and the federal government.
When sheriffs refuse to follow federal law, they are violating their oaths, shirking their duties, and contravening the separation of powers. This can lead to a breakdown in public safety and trust in law enforcement, as well as ethical lapses and dangerous situations.
