El Paso Sheriff discusses Senate Bill 8, agreements with ICE and Texas

EL PASO, Texas (KVIA) -- Texas Senate Bill 8, which aims to require local law enforcement officers to assist and collaborate with ICE and other federal agencies in enforcing immigration law, will take effect on January 1, 2026.

If ICE declines a request, sheriff's officers statewide must reapply at least once a year until an agreement is approved.

SB 8 also mandates that counties allocate staff and resources to implement the agreements. Counties with fewer than one million residents are eligible for limited state grant funding to help cover costs, while larger counties receive no financial support.

There are three options for 287(g) agreements for county sheriff's offices across the state to request with the federal government:

• Jail Enforcement Model (JEM):
  Allows specially trained officers working inside county jails to identify and process individuals for immigration violations after they've been booked on local charges.

• Warrant Service Officer (WSO) Model:
  Local law enforcement agrees to serve administrative warrants on non-citizen inmates already in custody.

• Task Force Model:
  Permits officers to perform immigration enforcement duties during routine field operations. They can question individuals about immigration status during traffic stops or other encounters, and initiate immigration enforcement actions in the field, not just inside jails.

El Paso County Sheriff Oscar Ugarte said they submitted an agreement to the federal government to use the Warrant Service Officer (WSO) Model.

Sheriff Ugarte explained they chose this model because it operates inside jails and, under a law previously enacted, ICE El Paso and other federal agencies already have access to their system. He added that this will be similar to current practices in local jails, but instead of a federal officer, a sheriff's deputy will check if a person is wanted on a detainer or federal warrant.

"I believe that this is going to create a disconnect between the community, so is this new law gonna shut down people and stop reporting crime? That's my concern," said Sheriff Ugarte. "But like any other law that passes in Texas, the sheriff's office will follow any law like we've been doing."

"I believe crime will go unreported because people may think: okay, do I report that I was assaulted, or are they going to check my immigration status? And I think that's the primary concern, not just for me but for any local sheriff," Ugarte added.

Texas has offered a $120,000 grant for sheriff's offices to apply for, but Sheriff Ugarte stated they still need to clarify how that grant will work.

"This funding from the state will cover salaries for one deputy for a year. But what other funding is available? Will it be annual? Those are questions the state has yet to answer," Sheriff Ugarte said.

Beginning December 1, 2026, the Texas Attorney General may sue sheriffs or counties for non-compliance, including failure to request or implement an agreement.

"Immigration is not the focus of what we're doing; we will follow the law and that's why the sheriff's office here we picked the Warrant Service Officer (WSO) Model enforcement because it's done inside the jails," Sheriff Ugarte added.

Suppose this model proposed by the El Paso County Sheriff's Office is accepted. In that case, no additional personnel will be required, as a detention officer will be responsible for performing the tasks requested by the state and federal governments.

Texas Governor Greg Abbott has said previously that the state will enhance its response to growing threats from foreign nations.

ABC-7 has reached out to ICE ERO El Paso for comment; they are working to provide us with a response.