Gov. Urged to Call Border Emergency

Pressure built Thursday within Gov. Arnold Schwarzenegger’s own party for him to follow the example of Democratic governors in New Mexico and Arizona and declare a state of emergency along the Mexican border.

Even though Schwarzenegger insists that border conditions aren’t dire enough to justify such a declaration -- and that California law would not permit it anyway -- four Republican lawmakers announced plans to introduce legislation that would give the governor explicit authority to declare an emergency because of illegal immigration.

“There is no question the problem of illegal immigration has reached emergency proportions,” said one of the lawmakers, Assemblyman Ray Haynes, whose Murrieta district covers parts of Riverside and San Diego counties. He said migrant trafficking often makes people in his district fear for their lives.

Earlier this month, emergency declarations by Arizona Gov. Janet Napolitano and New Mexico Gov. Bill Richardson freed up more than $2 million to deal with human trafficking, drug smuggling, kidnapping, murder and destruction of property along their borders.

Since then, bipartisan pressure has been building in California for Schwarzenegger to bolster order efforts with money diverted from other state projects.

Assembly Speaker Fabian Nunez (D-Los Angeles) had urged Schwarzenegger last week to declare a state of emergency in Imperial and San Diego counties in order to leverage more state and federal money to deal with border troubles. Nunez met Thursday with Mexican President Vicente Fox in Mexico City to discuss illegal immigration, among other issues.

Schwarzenegger responded to Nunez on Wednesday with a letter, calling it “incorrect” to think that an emergency declaration would remedy the effects of illegal immigration.

“A declaration of emergency is not authorized in the absence of conditions of extreme peril to the safety of persons or property beyond the means of local government to address,” wrote Schwarzenegger. “Despite the dangers which exist to those who seek to cross the border illegally ... the current situation in California does not rise to this level.”

At a workers’ compensation event Thursday in San Jose, Schwarzenegger said New Mexico and Arizona have worse crime -- including killings, drug smuggling and human trafficking -- than California suffers along its Mexican border.

The Republican lawmakers disputed that assessment in a news conference Thursday. They unveiled a draft bill that would add “illegal immigration” to the list of conditions -- including drought, riot, epidemic and flood -- that could give rise to state and local government declarations of emergency.

Though never in the past used to deal with illegal immigration, emergency declarations after earthquakes and electricity shortages have allowed governors to quickly tap funds and commandeer equipment and personnel to help local governments.

“I think the constituents we represent would say that it does rise to that level,” said Sen. Dennis Hollingsworth (R-Murrieta). “They would say that the number of crimes in the rural backcountry of San Diego that I represent and Sen. Haynes represents ... impact the rest of our infrastructure, our education system, our transportation system and public health system, that it is a crisis that meets the test for an emergency declaration.”

Hollingsworth would not specify what kind of help he thought Schwarzenegger should provide if an emergency were declared.

“The governor then has the latitude to define what resources are available to him, what powers he can exercise,” Hollingsworth said.

Schwarzenegger spokeswoman Margita Thompson said the governor would probably support such legislation.

“It makes sense to broaden the authority of the governor under the Emergency Services Act,” she said.

But Nunez, speaking by phone with Capitol reporters after his meeting with Fox, said more legislation isn’t needed to seek federal funds because the governor already has the authority to declare a state of emergency.

His staff distributed a Congressional Research Service memo dated Aug. 19 that concludes that “the types of concerns voiced by the governors of Arizona and New Mexico appear to fall within the parameters of the term emergency as defined” in the federal disaster relief and assistance act.

Nunez called his conversation with Fox about illegal immigration “very lengthy” and “fruitful,” and said Fox told him that the only way to solve the problem is for “both countries to do their fair share.”

Fox “certainly didn’t express support for calling a state of emergency,” Nunez said. But he did make clear that he wanted a strong relationship with California, Nunez said.

More so than Republican lawmakers, Nunez has blamed California’s border troubles on the Bush administration, which has primary authority to control immigration.

“This lack of a coherent federal border policy is harming both California and Mexico,” he wrote to Schwarzenegger on Aug. 18. “People are dying. The federal border enforcement effort is underfunded and is being threatened by vigilante groups.”

It’s no surprise to see bipartisan agreement on this issue, said Barbara O’Connor, a political science professor at Cal State Sacramento.

“The border states have real problems, and while they are cast largely as partisan, they really are bipartisan problems,” she said.

Still, O’Connor said she sensed much political maneuvering in the flap over whether the governor should declare a state of emergency along the border.

She called Nunez’ visit to Mexico “brilliant,” making him appear “statesmanlike” while Schwarzenegger busies himself fundraising for the November special election.

And Republican lawmakers, O’Connor said, were smart to draw attention away from Nunez’ visit by calling for legislation.

“The timing is not coincidental,” she said.