County Sheriffs and ICE: The Will of the People or a Lack of Accountability? (Pre-Recorded)

• In Event: Local Government Agencies

Abstract

County sheriffs hold a great deal of discretionary power at the county level, including oversight of county jails. County jails were created to be a temporary holding facility for citizens who were arrested and are awaiting their trial. However, in an effort to increase revenue for the county, many sheriffs partner with the U.S Immigration, Customs, and Enforcement agency (ICE) to allow the county jail to be used as a temporary detention facility for immigrants awaiting a hearing or deportation.

Unlike other law enforcement positions, the main accountability mechanism for sheriffs are the voters. Historically, the case has been made that because sheriffs are elected, they are democratically accountable and answer directly to the voters. However, previous research has found that due to lack of competition in sheriff elections, accountability can be limited, and can even limit the ability to dismiss those with misconduct.

The decision to work with ICE is authorized by the county sheriff. However, are sheriffs making discretionary decisions based on the will of the people or does their incumbency advantage allow them to disregard voters’ opinions?

In this study, we assess whether there is a democratic deficit in the counties. Using ICE data about detention partnerships with county jails, and the Cooperative Congregational Election Study (CCES) data on public opinion, we assess the voter positionality on the issue of immigration and whether the partnership with ICE is in congruence with the preferences of the voters in the counties.

The role and discretionary power of sheriffs have been largely discounted in the field. Though the role of the sheriff differs from state to state, in many counties sheriffs hold a wide degree of authority and decision-making power. With limited oversight and a lack of true democratic accountability, the office is positioned for potential abuse. This study aims to add to the existing literature by exploring how sheriffs exert their power in decision making, specifically the ways in which those decisions align, or do not align, with the opinions of their constituents.

Authors

• Kara Newby, Auburn University

• Shaniqua Williams, Auburn University