State's 'Declaration of Emergency' for Border Security Purposes: Selected Issues of Federal Assistance [August 19, 2005] [open pdf - 162KB]
"Pursuant to your request, this memorandum discusses the implications (under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) hereafter referred to as the 'Stafford Act') of the recent 'state of emergency' announcements by the Governors of Arizona and New Mexico due to border security concerns. In particular, this memorandum focuses on (1) whether border security concerns may qualify as an emergency under the Stafford Act, and if so, (2) the availability and type of federal assistance under the Stafford Act for such an emergency. This memorandum also discusses some of the possible roles that the Department of Homeland Security (DHS) may play in aiding the states of Arizona and New Mexico."
CRS Memorandum, August 19, 2005