Letter to Hon. Joe Biden, President - Formal Appeal of Federal Emergency Declaration Denial for State of Texas in Response to Border Crisis

Letter

Dear Mr. President:

Under Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. § 5191 (Stafford Act), and 44 C.F.R. §§ 206.46(a) and 206.35, I request that you
reconsider your denial of an emergency declaration for the State of Texas as a result of the
ongoing border crisis, which reached such magnitude and duration that, on May 31, 2021, I
formally recognized the disaster, and which continues to escalate as evidenced by the dire
situation in Val Verde County. Contrary to your determination, supplemental federal assistance,
including under the Stafford Act, is warranted. The Department of Homeland Security's strategy
to address the migrant crisis has not alleviated the need for federal assistance to allow Val Verde
County and the State of Texas to effectively respond to and recover from the ongoing border
crisis.

I have determined that the disaster caused by the overwhelming surge of individuals unlawfully
crossing the Texas-Mexico border is of such severity that supplementary federal assistance is
necessary to lessen the threat of disaster; save lives; and protect property, public health, and
safety. I am requesting reconsideration for an emergency declaration for Direct Federal
Assistance (DFA) in order to meet the unprecedented critical emergency protection requirements
that demand that the federal government respond to the extraordinary strain put on non-federal
resources. Given the severity of the threat, I am also requesting Public Assistance Category B
(Emergency Protective Measures) for Val Verde County, Texas.

In addition, I request the Hazard Mitigation Grant Program statewide. I reserve the right to
request additional federal assistance programs and include additional counties as we further
assess damages as the situation evolves.

Ongoing Border Crisis

The federal government has a duty to secure our borders. See, e.g., U.S. Const. art. I, § 8, art. II,
§ 3, art. IV, § 4. To that end, Congress has charged the U.S. Department of Homeland Security
(DHS) with "[s]ecuring the borders, territorial waters, ports, terminals, waterways, and air, land,
and sea transportation systems of the United States." 6 U.S.C. § 202(2).

DHS and the federal government have failed to meet their responsibility and in doing so have put
the health, safety, and property of Texans at risk. This disaster threatens not only the community
of Del Rio, but all Texans, especially those in El Paso, Laredo, and the Texas Rio Grande Valley
where the Department of Homeland Security is also transporting those who have illegally
crossed the Texas/Mexico border using federal land at Del Rio.

The federal government's refusal to solve the crisis at our border continues to strain local and
state resources in Texas. The surge of over 16,000 migrants at the Del Rio International Bridge
is just one of the most recent examples of the federal government's failure to act. United States
Customs and Border Protection officials have outwardly stated that order was maintained there
only because of the Texas Department of Public Safety, the Texas National Guard, and local
stakeholders. The impact of the state presence can be seen in the below photographs. Personnel
provided by the State of Texas and local jurisdictions to rectify the situation outnumber the
federal deployment three to one, and without our assistance the crisis would have quickly
overwhelmed dismal federal assistance. Given this, it is grossly inaccurate to suggest, as did
FEMA Administrator Criswell in the denial letter, that order was restored as a result of DHS's
strategy or to equate the slow, muted federal response to that of local and state agencies that
responded quickly and in force to the incident.
Texas first responders are fatigued, and resources are thin. Earlier this month, I signed House
Bill 9, which appropriated $1.8 billion to Texas border security efforts including the construction
of a border wall, strategic fencing, and other barriers. These funds are in addition to the
thousands of state personnel, including DPS troopers, agents, and Rangers, and National Guard
soldiers who are engaged in the border operations mission and working with local law
enforcement to halt the influx of drugs, people, and contraband into our state as a result of the
federal government's failure to do its job.
I respectfully urge FEMA to reconsider this decision and provide the crucial support the State of
Texas needs to secure the border and keep our communities safe. This assistance is crucial given
the fact that, based on 2021 trends, Texas DPS is anticipating at least another 100,000
apprehensions per month, additional massive caravans have been reported in South America, and
Secretary Mayorkas has asked the Department of Homeland Security to prepare for 350,000 to
400,000 crossings this month. Defending the border from such surges is costly to the state and
local officials, and it will likely only become more of a burden as continued federal immigration
policy changes further weaken border security and increase the number of migrants heading
towards Texas.

Localized Impact

The Val Verde County border crossing sits in the City of Del Rio, which is an isolated outpost
along the Rio Grande River.

The increase of migrant activity has resulted in an uptick in the threat of violence, human
smuggling, and narcotics trafficking in Val Verde County, as well as the majority of other
counties on the border. Reports of criminal mischief and trespassing continue, placing evergrowing demands on state and local law enforcement agencies.

Texas counties, like Val Verde, continue to be the front-line of the national border crisis, yet the
federal response continues to lag. Local and state law enforcement agencies continue to
encounter those illegally crossing the Texas/Mexico border. Agents have stopped numerous
smuggling attempts and discovered stash houses where migrants from Guatemala, Mexico, El
Salvador, and Honduras have been apprehended.

Additionally, other Texas communities are seeing a spike in criminal activity. For example, in
Jackson County, more than 250 miles from the border, officials have processed 30 human
trafficking reports in a one-month period. Brooks County officials have recovered 78 migrant
bodies in 2021, and Starr, Zapata, Kinney, and Dimmit counties all report an overwhelming
number of criminal prosecutions, as law enforcement arrests dozens each day for multiple
crimes.

Ranchers in border areas have also incurred costs through damaged fences, the loss of livestock,
and increased security protocols due to migrants illegally crossing onto their properties, and law
enforcement continues to be overwhelmed with limited resources to address requests for
assistance and criminal activity.

State Impact

Since March 2021, state agencies have reported over $95.5 million in response efforts relating to
border security across all impacted areas in Texas. This includes surging personnel and
procuring resources to meet the challenges at the U.S. border caused by the federal government's
failure to do its job.

For example, the Texas Department of Public Safety (DPS) has reported $31.7 million in costs
related to border enforcement, and of that $9.7 million was expended on overtime. The Texas
Department of Criminal Justice (TDCJ) has spent $5.9 million to address the strain on the state's
criminal-justice system by recruiting, training, and retaining personnel to operate jails in
response to the large number of state crimes committed along the border. To address the public
health concerns, the Texas Department of State Health Services (DSHS) has spent over $1.4
million. This is in addition to the department's $6 billion dollars in costs related to COVID-19
response statewide.

FEMA states in their denial letter that federal resources were deployed to respond to the Del Rio
crisis, but as of September 28, 2021, the state was required to spend approximately $6.8 million
to address the immediate threat to health and public safety posed by the Del Rio crisis. Reported
state agency cost have surged an additional $3.2 million in response cost between September 15,
2021, and September 20, 2021. Remaining costs are currently encumbered and will be paid once
invoices are received.

For example, the Texas Division of Emergency Management (TDEM) spent approximately $1.3
million setting up a basecamp for first responders in Del Rio. Texas DPS surged 1,100 law
enforcement officers to the Del Rio International Bridge to maintain order during the crisis,
spending approximately $1 million in additional personnel cost between September 15, 2021,
and September 20, 2021, and Texas Military Department personnel costs increased by $1.4
million over the same period, while surging 590 service members to Del Rio. Labor and
equipment cost across all responding state agencies are being reconciled and I anticipate that the
Del Rio crisis response cost will increase in the coming weeks.

The response to the border crisis is not a typical disaster-response operation, as many special
considerations will continue to be weighed for life safety due to both the disaster and the ongoing
pandemic. Those factors significantly increase the costs and efforts of the response. Costs
associated with socially distanced evacuations and non-congregate sheltering has reduced the
state's financial ability to render aid in this situation. These costs are in addition to the financial
strain caused by COVID-19, which currently exceed $10 billion in medical surge staff, personal
protective equipment, testing, feeding, sheltering, and vaccination cost.

Securing the border is a federal responsibility. Texas will stand with the federal government in
responding to this border crisis, but should not have to stand alone or withstand the financial
burden without federal assistance.

Recent Multiple Disasters

The State of Texas has been granted more federal disaster declarations than any other state,
which does not account for the numerous state disasters that did not meet federal thresholds and
requirements. The State of Texas' response to all these disasters, including the ongoing COVID19 pandemic, has exhausted much of the state's resources.

This crisis has taken a serious toll on the Texas border communities, first responders, and the
local non-profit sector. Local officials and Texas citizens are fatigued and running out of
resources to respond to the ongoing border crisis. The citizens of Texas are resilient and will
continue to respond, recover, and mitigate against this crisis, but in order to expedite this
process, federal assistance is needed for these vulnerable populations.

Socioeconomic Impacts and Insurance Coverage

I have outlined Val Verde County and City of Del Rio population profiles below. According to
the U.S. Census Bureau and the U.S. Bureau of Labor Statistics, the county is one of the most
vulnerable counties in the State of Texas.

The community of Del Rio and Val Verde County is normally a peaceful and quiet area with
above-average safety ratings compared to other areas of Texas. Residents are made up of people
who know each other and have a sense of trust among themselves as long-term inhabitants. A
bi-cultural city of nearly 36,000, Del Rio has been shocked and dismayed in recent weeks by
migrants who ventured into their town and onto their private property. The impacts of the public
costs for this disaster affect a vulnerable population with income levels that are below the nation
and the state.

Closing

Pursuant to 44 C.F.R. § 206.35 and § 206.46(a), I believe this incident is of such magnitude and
severity that effective response is beyond state and local capability, and supplementary federal
assistance is necessary to save lives and to protect property, public health, and safety, or to lessen
or avert the threat of a disaster.

As a result of this disaster, the State of Texas is specifically requesting an emergency declaration
for Direct Federal Assistance (DFA) and Public Assistance (PA) Category B: Emergency
Protective Measures for Val Verde County. Additionally, I am requesting the Hazard Mitigation
Grant Program statewide.

I have designated Chief Nim Kidd as the Governor's Authorized Representative (GAR) and
Suzannah Jones and Warren Weidler as Alternate GARs. Nim Kidd is designated as the State
Coordinating Officer (SCO) and Suzannah Jones is designated as the Deputy State Coordinating
Officer (DSCO) for this request. Chief Kidd will work with FEMA and will provide further
information and justification on my behalf.

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