Kara Sears
In the United States, sheriffs are elected officials who hold a lot of power and have a unique position in law enforcement. While their primary function is to enforce state and local laws, they have broad discretion over how to do so. This discretion has led to situations where sheriffs have refused to enforce certain laws, particularly those related to gun control and immigration, citing concerns about the constitutionality of these laws. In doing so, sheriffs have claimed to be defending the constitution, but their actions have been criticised as overstepping their role and undermining the rule of law. This raises the question: can sheriffs deny federal law?
| Characteristics | Values |
|---|---|
| Sheriffs' role | To keep the peace and enforce criminal laws within a county |
| To make arrests, manage and operate county jails, serve warrants and civil papers, regulate bail bondsmen, state and local law enforcement | |
| To perform a variety of actions such as keeping the peace, enforcing state laws, and/or defending their state’s constitution | |
| Power of sheriffs | Elected officials with a lot of power |
| Can decide which laws should be enforced by officers working under them | |
| Can deny federal agents access to their county | |
| Can use asset forfeiture by citing federal law even if local rules prevent the practice | |
| Can refuse to enforce duly enacted state laws | |
| Can refuse to support federal Immigration and Customs Enforcement (ICE) | |
| Can choose not to enforce gun laws created by the federal government |
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What You'll Learn
Sheriffs can deny federal agents access to their county
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 have a lot of power and control over how the law is enforced, and their duties vary from state to state and county to county. While they are charged with enforcing the laws, some sheriffs have refused to enforce certain laws, particularly those they believe violate the state or federal constitution. This has led to concerns that they are overstepping their role in the constitutional system and undermining the rule of law.
In some cases, sheriffs have denied federal agents access to their county. For example, in Big Horn County, Wyoming, Ramon Castaneda won a lawsuit against federal immigration agents who had unlawfully raided his home. As a result, the sheriff established a policy requiring all federal agencies to submit specific details about any proposed enforcement actions for his approval. In another instance, Hillsborough County, Florida, Sheriff Cal Henderson could have prevented Federal agents from carrying out a pre-dawn raid on Lutz Community Radio but failed to do so.
Sheriffs have also refused to support federal Immigration and Customs Enforcement (ICE) agents conducting immigration raids, believing that providing information about immigrant communities would erode public trust. Additionally, 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 who tried to limit those rights.
While sheriffs have broad discretion over how to enforce state laws, they may not unilaterally decline to enforce a law unless a court has determined that it violates the federal or state constitution. However, in practice, it can be difficult for the state to force local sheriffs to actively enforce certain laws, such as gun control measures. This highlights the complex dynamics between federal, state, and local authorities in the US law enforcement system.
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They can refuse to enforce federal gun laws
In the United States, sheriffs are responsible for enforcing state and local laws. While they have broad discretion over how to enforce these laws, they are not typically permitted to unilaterally decline to enforce a law unless a court has determined that it violates the federal or state constitution.
However, in recent years, sheriffs in several states have refused to enforce newly enacted gun safety laws, citing concerns about the laws' constitutionality and their belief that they violate the Second Amendment of the US Constitution. For example, in Washington State, several county sheriffs have publicly stated that they would refuse to enforce a state gun control law (Initiative 1639) passed by voter initiative in 2018. Similarly, in Colorado, a majority of the state's county sheriffs have indicated their refusal to enforce new gun laws mandating background checks for private gun transfers and outlawing magazines over 15 rounds.
These sheriffs argue that they have a duty to consider their constituents' views and make independent determinations about the constitutionality of laws. They claim that they are defending the constitution and exercising prosecutorial discretion. However, critics argue that these sheriffs are overstepping their role in the constitutional system, undermining the rule of law, and violating their oaths to uphold and enforce the laws of their states.
While sheriffs who refuse to enforce gun laws may be sued and held financially responsible if their actions result in harm, it is challenging for the state to force local sheriffs to actively enforce these laws. The resistance by sheriffs to enforce gun control measures has raised questions about the effectiveness of tougher gun control rules in certain parts of the country.
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They may not enforce federal immigration laws
While some sheriffs have taken a stand against supporting federal Immigration and Customs Enforcement (ICE) agents, they are not permitted to deny federal immigration laws in this way. Sheriffs who refuse to enforce duly enacted state laws are violating their oaths, neglecting their duties, undermining the democratic process, and contravening the separation of powers.
In the United States, sheriffs take an oath upon entering office to perform a variety of actions, including keeping the peace, enforcing state laws, and/or defending their state's constitution. While they have broad discretion over how to enforce state laws, they may not unilaterally decline to enforce a law unless a court determines that it violates the federal or state constitution.
Some sheriffs argue that they have a separate electoral mandate to consider constituents' views and make independent determinations about whether a law violates the state or federal constitution, and if so, they may refuse to enforce it until a court declares otherwise. However, duly enacted laws are presumed to be constitutional, and executive officials are obligated to enforce them unless and until they are repealed or struck down by a court.
The problem with these sheriffs' actions is that they are overstepping their role in the constitutional system and, in the process, undermining the rule of law. While the First Amendment protects their right to speak out against a law, lobby for new laws, and challenge the law's constitutionality, they are charged with enforcing the laws, not deciding for themselves whether they are constitutional.
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They can choose not to enforce certain federal laws
Sheriffs are charged with enforcing the laws, but they may choose not to enforce certain federal laws. They are elected officials who are responsible for keeping the peace and enforcing criminal laws within a county. While they have a duty to make arrests, manage jails, serve warrants, and regulate bail bondsmen, they also have control over how the law is enforced. This means that they may choose not to enforce certain laws that they believe are unconstitutional or violate the state or federal constitution. For example, in Washington State, several county sheriffs publicly refused to enforce a state gun control law that was passed by a voter-approved initiative, citing that it violated the Second Amendment of the U.S. Constitution.
In some cases, sheriffs have refused to support federal Immigration and Customs Enforcement (ICE) agents tasked with conducting immigration raids, believing that helping them would erode public trust in their office, especially among immigrant and mixed-status communities. In other instances, sheriffs have used federal law to override local rules, such as when Sheriff Butch Conway of Gwinnett County, Georgia, used asset forfeiture funds to purchase a muscle car, even though it may have violated local rules.
While sheriffs have broad discretion over how to enforce state laws, they may not unilaterally decline to enforce a law unless a court has determined that it violates the federal or state constitution. Sheriffs who refuse to enforce duly enacted state laws are violating their oaths, shirking their duties, and contravening the democratic process. They are overstepping their role in the constitutional system and undermining the rule of law.
It is important to note that sheriffs do not face legal consequences for not enforcing federal laws and abiding by competing state laws. However, their actions can have significant implications, and they must carefully consider the potential consequences of their decisions.
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Sheriffs can use federal law to evade local reform efforts
Sheriffs are charged with enforcing the laws, not deciding for themselves whether they are constitutional. However, there have been instances where sheriffs have refused to enforce duly enacted state laws, claiming that they violate the Second Amendment of the U.S. Constitution. While courts have repeatedly upheld these laws against constitutional challenges, finding that they do not violate the Second Amendment, sheriffs who refuse to enforce them are overstepping their role and undermining the rule of law.
In recent years, dozens of states have passed common-sense gun safety laws, such as strengthening background checks and requiring those convicted of domestic violence to surrender their firearms. However, county sheriffs in some of these states have publicly announced that they will not enforce these laws, citing concerns about the Second Amendment. This has also occurred in Washington State, where several county sheriffs have refused to enforce a state gun control law passed by a voter-approved initiative, Initiative 1639. The state's attorney general, Bob Ferguson, has argued that sheriffs must enforce the voters' will and that only state courts can find a law unconstitutional and therefore unenforceable.
While sheriffs have broad discretion over how to enforce state laws, they may not unilaterally decline to enforce a law unless a court determines that it violates the federal or state constitution. Sheriffs who refuse to enforce duly enacted state laws are violating their oaths, shirking their duties, and trampling on the democratic process. This was the case with ex-Sheriff Arpaio, who 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, former Attorney General Jeff Sessions rescinded an Obama-era rule that prevented state and local law enforcement from using federal asset forfeiture laws to evade local reform efforts. As a result, sheriffs are now free to use asset forfeiture by citing federal law even if local rules prevent the practice, which can lead to abuses and corruption.
In summary, while sheriffs have a duty to enforce the laws, there have been instances where they have refused to do so, citing concerns about the constitutionality of the laws. This has led to concerns about the rule of law and the undermining of democratic processes. Sheriffs can use federal law, such as asset forfeiture, to evade local reform efforts, and in some cases, they have successfully restricted the access of federal agents to their counties.
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Frequently asked questions
Sheriffs have a lot of control over how the law is enforced and can refuse to enforce federal law. However, they can face legal consequences for doing so.
A sheriff is an elected official who serves to keep the peace and enforce criminal laws within a county. They have various duties, including making arrests, managing jails, and serving warrants.
Yes, a sheriff has the authority to deny access to federal agents in their county. This has been demonstrated in cases where sheriffs have prevented unlawful raids or immigration enforcement by federal agents.
Sheriffs may refuse to enforce a state law if they believe it violates the state or federal constitution. However, they are still bound by their oaths to uphold and enforce the laws of their state.
When sheriffs refuse to enforce the law, they are overstepping their role and undermining the rule of law. They may be violating their oaths, shirking their duties, and contravening the democratic process. In some cases, sheriffs have faced legal consequences, such as being found in contempt of court or facing lawsuits.
