Are Traffic Checkpoints Legal? El Paso Sheriff’s License Stops Raise Concerns

One calm Monday morning in the unincorporated part of Sparks, employees at the Centro Comunitario Socorro Ramirez saw sheriff’s deputies arrive in the parking lot.

Soon afterward, they spotted numerous similar incidents in the Far East El Paso area and decided to inquire about the situation. In response, the El Paso County Sheriff’s Office established a fixed checkpoint on Peyton Road near the center to verify that motorists possessed valid driving permits and insurance documentation.

I am stationed exactly at the front desk,” Leticia Favela stated. “Initially, I noticed two officers, but then suddenly there were many more, which made me think something was off. So, I approached them to inquire about their activities, and they informed me that they were merely verifying driver’s licenses.

On March 3rd, during a traffic checkpoint conducted in collaboration with the Precinct 6 Constable’s Office, law enforcement officers halted 80 vehicles and handed out numerous tickets for various infractions such as driving without a valid license, having an outdated car registration, running a stop sign, and using unauthorized window tints. Additionally, two individuals were taken into custody due to active arrest warrants from the Sheriff’s Office related to previous traffic offenses.

Favela mentioned that the center’s team was feeling anxious regarding the operation. They swiftly took action to alert the community via social media platforms and telephone calls, advising residents to steer clear of the vicinity if they felt afraid.

The checkpoints have sparked queries regarding their legitimacy—civil rights organizations assert they are both constitutional and acceptable for verifying driver’s licenses, insurance, and vehicle registrations. However, some individuals worry that local police may use these occasions to perform immigration checks following President Donald Trump’s series of executive actions aimed at curbing illegal immigration. Nevertheless, the Sheriff’s Office maintains that such concerns are unfounded.

El Paso County Sheriff Oscar Ugarte, whom
took office Jan. 1
A few weeks prior to Trump starting his second term, it was mentioned that the checkpoints in the county are nothing new, and they reaffirmed that deputies do not ask about people’s citizenship status.

“When I conducted the event last month in Montana Vista, many members of the community expressed concern. They seemed somewhat frightened, and I began receiving numerous queries from nonprofit organizations,” Ugarte stated.

Ugarte also mentioned that federal immigration enforcement officers do not participate in these inspections.

The Horizon City Police Department has carried out comparable traffic checkpoints before, with authorities affirming that they do not ask about individuals’ citizenship status. According to officials, the El Paso Police Department has not held these types of roadblocks for almost two decades now.


Deterring unlicensed, uninsured drivers

In 2024, the Sheriff’s Office under Ugarte’s predecessor Richard Wiles carried out 10 fixed checkpoints and handed out 127 tickets. Most of these citations were due to lack of a driver’s license; however, they also cited individuals for issues like expired registrations, missing front license plates, and failure to wear seatbelts, amongst other violations.

This year, the Sheriff’s Office has carried out two inspections and handed out 27 citations, with 17 of those being for lack of a driver’s license.


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Sylvia Mendiola, residing in Sparks, found herself needing to leave her child at school after being halted at the Sheriff’s Office checkpoint. She realized she had left her purse behind and consequently didn’t have her driver’s license with her.

“I believe I was the first person they detained,” Mendiola stated.

She mentioned that she wasn’t concerned, just somewhat taken aback by the halt. She offered the deputies the details they asked for—her date of birth and home address. According to Mendiola, the officers verified this information and issued her an oral caution before letting her proceed.

Ugarte mentioned that the Sheriff’s Office is not bringing in additional resources to set up these checkpoints.

Typically, the Sheriff’s Office operates with five patrol deputies, three traffic officers, one patrol sergeant, one traffic supervisor, five vehicles for patrols, and three units designated for traffic enforcement during their operations.

“We’re utilizing the deputies who are currently on duty, along with the extra support from the traffic units, including the motorcycle division, as they are already patrolling the area,” he explained.

Ugarte mentioned that the department has not yet developed a method to assess the effectiveness of this initiative; however, he feels confident about its impact since it discourages individuals from operating vehicles without proper licensing or insurance coverage. Additionally, Ugarte pointed out that when police officers are present, motorists generally adhere more closely to traffic regulations—such as maintaining legal speeds, wearing seat belts, and executing full stop at intersections—as instances demonstrating the positive influence of such efforts.

Ugarte mentioned that these checks are not aimed at low-income regions.

Instead, he explained, these checkpoints are established in locations under the authority of the Sheriff’s Office and in places where individuals frequently get stopped for traffic offenses or involved in car crashes without having valid driver’s licenses.

He further mentioned that these inspections typically occur during daylight hours and not on major roads to prevent causing traffic jams.

Vivian HerEDIA, a police officer from Horizon City, mentioned that their local law enforcement does not ask about individuals’ immigration statuses when conducting traffic stops. The most recent checkpoints occurred on February 22nd and again on March 1st along Darrington Road, as stated in an official social media update. Information regarding the number of tickets handed out was not promptly provided.


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In 2024, the Horizon City Police Department reported issuing 1,761 tickets related to driving without a license along with violations such as lack of insurance coverage and expired registrations during mobile operations. According to the information shared on their Facebook page, these figures do not specify if the infractions were detected through checkpoint activities.

Sergeant Christian Arredondo from the Horizon City Police stated that these inspections serve as an efficient method to confirm that drivers possess insurance and can meet financial obligations in the event of an accident.

“It provides us with a means to genuinely assist the community rather than impact them, since those who drive without financial responsibility end up placing the financial burden on accident victims who were not at fault,” Arredondo stated.

Arredondo mentioned that these car inspections are designed to minimize such occurrences as far as possible. Additionally, he stated that giving out tickets is left up to the officer’s judgment, and those who violate the rules often receive warnings instead.

“It’s a preemptive and forward-thinking approach to guarantee everyone drives as safely as they can. Certainly, bearing financial responsibility when operating a vehicle within the state of Texas is not only advisable but legally required,” he stated.

Arredondo and Ugarte both mentioned that these checkpoints are typically set up close to intersections where motorists can potentially steer clear of the fixed vehicle inspections.

The El Paso Police Department stopped performing random stops of vehicles at fixed locations to check drivers’ licenses and insurance back in 2007, according to an email from police spokesperson Stephanie Shields to El Paso Matters.

Shields stated that she isn’t dismissing them, however, she noted that they require substantial personnel and resources from the department.


Is it lawful for them to set up traffic checkpoints?

Sarah Corning, an attorney with the American Civil Liberties Union of Texas, stated that the checkpoints are constitutional and comply with Texas state laws. She also mentioned that operating a vehicle without a valid license in Texas is grounds for arrest.

A stationary vehicle inspection might result in an arrest if the officer has reasonable grounds to believe that a criminal activity, such as driving under the influence, is taking place, she explained.

Although routine stops for checking drivers’ licenses or insurance and registration are permissible, Coring stated that DWI checkpoints in Texas violate the constitution. This is due to the lack of standardized protocols set forth by the state for implementing such checkpoints. She noted that if the state were to establish consistent guidelines, this practice could potentially be deemed constitutional.

The top piece of advice is to remain composed and recall your rights,” Corning stated.

Corning advised drivers to pull over, switch off the engine, activate the interior lights, partially roll down the window, and position their hands on the steering wheel.

She mentioned that if you’re pulled over and asked for your license and registration, you must provide them if they are available. If you do not have your license with you when stopped, she explained that an officer may request your name, driver’s license number, residential address, and date of birth; in such cases, you should supply this information.

She stated that if you lack everything mentioned—don’t resort to lying.

“Don’t submit fake documents. Should an officer request to inspect your vehicle, you have the right to decline. However, if they suspect or observe evidence of illegal activity within your car, they may conduct a search without your permission,” Corning stated.

She additionally mentioned that both the driver and the passengers possess the right to stay quiet.

Travelers may inquire whether they are permitted to depart when the stopped car inspections are verifying the driver’s license and insurance.

You have the option to stay quiet and are not required to respond, even when asked about your immigration status,” Corning stated. “These rights apply universally—everyone possesses them irrespective of their immigration standing—including the right to maintain silence and deny permission for searches of your vehicle or residence. It’s crucial we emphasize this point clearly since there has been some uncertainty regarding the entitlements of individuals without documentation. The fact remains, those who lack proper documentation also hold these fundamental rights.

Corning emphasized that it is crucial to keep all those aspects in mind.

“My overall recommendation is to remain calm in all interactions with law enforcement,” Corning stated.

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Is the use of traffic checkpoints lawful? Driver’s license checkpoints set up by the El Paso sheriff raise concerns.
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