Last week, the governors of Arizona and New Mexico issued state of emergency declarations due to a recent rise of smuggling and violence along the US-Mexico border. 

In her declaration, Arizona Governor Janet Napolitano stated that the federal government has failed in its responsibility to secure the United States and Mexico border, thereby necessitating immediate action by the state to aid its border counties.  She states that the increase in unauthorized border crossings and the related increase in deaths, crime and property damage justifies a declaration of a State of Emergency.  The declaration directs that $200,000 from Arizona’s general fund be made available to the Director of the Arizona Divison of Emergency Management.

New Mexico Governor Bill Richardson’s declaration makes $750,000 in state emergency funding immediately available to the affected counties. The Governor pledged an additional $1 million in assistance for the area. The funds will be used to support state and local law enforcement efforts, create and fund a field office for the New Mexico Office of Homeland Security to coordinate assistance to the area, and help build a fence to protect a livestock yard near Columbus, along a favorite path for illegal immigration where a number of livestock have been stolen and killed.

The Governor also called on Mexico to bulldoze the abandoned town of Las Chepas, which is directly over the border from Columbus. Las Chepas is a notorious staging and resting area for those who smuggle drugs and immigrants into the United States.  Richardson also directed the New Mexico Department of Agriculture to work with the New Mexico Livestock Board to assess the security and safety of livestock in this border region.

This is a state declared emergency rather than a federally declared disaster. Under Section 501 (b) of the Stafford Act (P.L. 100-517), the President has the authority to declare an emergency situation with or without a request from a state's governor. This authority is routinely used during hurricanes and other natural disasters.