Sheriffs are on the frontlines of immigration enforcement in the United States. But how well do we understand this peculiar office of the sheriff, and how does a close examination of the history of the sheriff help us to make sense of immigration politics today?
Earlier this week, I sat down with journalist and lawyer Jessica Pishko to explore the often-overlooked but highly consequential role of sheriffs in the United States. The conversation centers around Pishko’s new book, The Highest Law in the Land, which delves into the historical, political, and legal evolution of the sheriff’s office—and how its unchecked power is increasingly shaping national policy and local governance.
Jessica is whip-smart and well-studied—you won’t find a wasted minute in the entire discussion! I have always been fascinated with the sheriff, and Jessica was able to answer so many questions I’ve been holding onto for years. The live audience had great questions that we worked into the conversation.
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A major takeaway from the discussion is how sheriffs, unlike police chiefs, are elected officials and wield a unique combination of law enforcement and administrative authority—particularly in rural America. Pishko emphasizes that while most people are familiar with police departments, far fewer understand the reach and influence of sheriffs, who run the majority of the nation’s jails and enforce civil duties like evictions and protective orders.
The conversation also unpacks the constitutional mythology surrounding sheriffs, their ties to militarized and racially biased law enforcement practices, and their pivotal role in immigration enforcement through programs like 287(g). These agreements allow local sheriffs to act as de facto immigration officers—raising serious questions about due process, racial profiling, and federal overreach.
Pishko warns that sheriffs are being actively courted by right-wing political movements, making them key players in undermining democratic norms. Her call to action is clear: understand your local sheriff, hold them accountable, and don’t underestimate the political power of this old and resilient institution.
Those are my takeaways. What about you? Let me know what you learned in the comments below.
Get Jessica’s book through Penguin Press or your favorite local bookstore.
Follow Jessica Pishko on Substack.
Read some of Jessica’s latest articles here:
Trump’s Crackdown on Protests is Spreading to Local Law Enforcement (Democracy Docket)
Your Sheriff Might Be Planning to Help ICE Conduct Mass Deportations (The Bulwark)
How Sheriffs Might Power Trump’s Deportation Machine (The New Yorker)
Learn more about 287(g)
For a more in-depth introduction to 287(g) agreements, read my previous post here:
Here are just a few recent articles about 287(g)
“Sheriffs would be required to cooperate with immigration agents under bill approved by Senate” by Uriel Garcia discusses efforts in Texas to mandate 287(g) like they already do in Florida.
“How Lawmen Learned to Love 287(g)” by Brian Lonergan presents an argument in favor of the expansion of 287(g) agreements.
“Florida Is Leading Trump’s Immigration Crackdown” by Laura Morel takes a closer look at why 287(g) agreements have exploded in Ron Desantis’ state.
For a more academic look at 287(g), check out these resources:
Pham, H., & Hoang Van, P. (2022). Sheriffs, State Troopers, and the Spillover Effects of Immigration Enforcement. Arizona Law Review, 64(4), 463-503.
Coleman, M., & Kocher, A. (2019). Rethinking the “Gold Standard” of Racial Profiling: §287(g), Secure Communities and Racially Discrepant Police Power. American Behavioral Scientist, 63(9), 1185-1220.
Provine, D., Varsanyi, M., Lewis, P., & Decker, S. (2016). Policing Immigrants: Local Law Enforcement on the Front Lines. Chicago: The University of Chicago Press.
Wong, T. K., Kang, S. D., Valdivia, C., Espino, J., Gonzalez, M., & Peralta, E. (2020). How Interior Immigration Enforcement Affects Trust in Law Enforcement. Perspectives on Politics, 19(2), 357-370.
⭐ Free download! ⭐—> Armenta, A. (2017). Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement. Oakland, California: University of California Press.
If it’s helpful, download a spreadsheet of academic citations from my own library related to 287(g) below. (Not necessarily comprehensive, bias toward geographers.)
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