States’ Emergency Declarations
Fan Immigration Debate
Alex Meneses Miyashita     [Photo]

Following recent declarations of emergency in the border areas of New Mexico and Arizona by Democratic governors of the two states, the Department of Homeland Security announced Aug. 23 it will strengthen its border control efforts and improve coordination with local authorities.

Department spokesperson Joanna González told Hispanic Link News Service such initiatives have been in the works long before either of the governors had declared the emergencies.

In a letter to Arizona Gov. Janet Napolitano, González said DHS Secretary Michael Chertoff explained initiatives such as coordinating activities of some federal and state public safety agents and suggested state law enforcement officers help the Border Patrol at certain interstate roads.

The declarations of emergency by Napolitano Aug. 15 and New Mexico Gov. Bill Richardson a few days earlier have made $1.5 million and $1.75 million available, respectively, to address issues such as drug smuggling and the flow of undocumented immigrants at their state borders.

The state funds will pay for increased state and local law enforcement efforts, including overtime and equipment costs.

John Keeley, communications director for the Center for Immigration Studies, told Hispanic Link that "a million and a half dollars for Arizona is like throwing sand at a tidal wave to the problem." But, he added, "The actions do serve as a powerful indictment of the U.S. Congress for its failure to carry out its fundamental responsibility to its citizens."

Richardson said in a statement that the declaration was necessary "unfortunately, because of the total inaction and lack of resources from the federal government and Congress."

Napolitano declared, "Anyone who lives at the border can attest to the fact that what they face is devastating."

Louis DeSipio, professor of Latino Studies at the University of California, Irvine, defined the Southwest border dynamic to Hispanic Link, "Increased enforcement has diverted migration flows into much less populated areas, particularly Arizona and to a lesser extent New Mexico. I think the governors are pointing out that to the extent this has been understood as a Texas and California issue in the past, that's no longer the case."

Arizona has become the largest U.S. entry point.

In California, State Assembly Speaker Fabián Núñez has called on Gov. Arnold Schwarzenegger to join his New Mexico and Arizona counterparts to address security and law enforcement issues in his state's two border counties.

"As a Republican, the governor is in a unique position to persuade his Republican colleagues in Washington to move meaningful border policy to the front burner," he said.

Spokesperson Bill Maile told Hispanic Link that Schwarzenegger welcomes Núñez's concern, but current circumstances on the state's border do not qualify to declare a state of emergency under California law.

Circumstances that would warrant a state of emergency include natural disasters or "situations of extreme peril" that are beyond the control of the local government, Maile said.

However, he pointed out that the governor has requested the DHS to dispatch more Border Patrol agents into California.

Romanita Matta, spokesperson for Sen. John Cornyn (R-Texas), told Weekly Report the declarations in New Mexico and Arizona do not "provide a solution to the problem of border insecurity."

Cornyn is co-sponsor of an immigration reform bill that would boost the Border Patrol and strengthen interior enforcement while offering a guestworker program. It would require undocumented immigrants to leave the United States within five years of the bill's passage in order to be eligible to re-enter as guestworkers.

In Virginia, hundreds of miles from the Mexican border, state delegate Jeffrey Frederick (R) is asking Gov. Mark Warner (D) to declare a state of emergency to curb the entry of undocumented immigrants into the state.

The building national attention, says DeSipio, could energize the immigration debate in Congress, but it’s unlikely that any immigration reform legislation could find consensus this fall.

GOP critics of Richardson and Napolitano, both of whom are up for re-election next year, question the political motives behind their declarations.

Earlier this year Richardson signed into law a bill granting in-state tuition to undocumented students and Napolitano vetoed a series of anti-immigrant bills, such as allowing state and local police to enforce immigration laws.

DeSipio points out, "Both oppose unauthorized migration. That's the policy in the United States government. But both also recognize that unauthorized migrants are going to be entering the United States and that the federal government has to take some responsibility for that."

(Alex Meneses Miyashita is a reporter with Hispanic Link Weekly Report. He may be contacted by e-mail at alex@hispaniclink.org)

© 2005, Hispanic Link News Service
09/04/05
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