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              Congressional                                                      ____
           ~   Research Service






Potential Stafford Act Assistance for

Migration Activity



May 16, 2023
After more than three years, the Centers for Disease Control and Prevention (CDC) order directing U.S.
immigration officials to expel certain migrants (often called Title 42) terminated on May 11, 2023-in
concert with the conclusion of different federal emergency declarations. It is too soon to know how this
change might impact new arrivals of asylum seekers at the border over the long term; currently, reports
are mixed. However, communities across the country have reportedly sought federal support for costs
related to hosting migrants, such as shelter and food, including through declarations under the Robert T.
Stafford Emergency Assistance and Disaster Relief Act (Stafford Act, P.L. 93-288, as amended)
administered by the Federal Emergency Management Act (FEMA).


Potential Stafford Act Assistance

A state or territorial governor or tribal chief executive may request federal assistance for response and
recovery from major incidents under the Stafford Act. The Stafford Act authorizes the President to issue
two types of declarations: an emergency declaration or a major disaster declaration. The Stafford Act
defines emergencies broadly to mean any occasion for which federal assistance is needed to supplement
state and local efforts to save lives and protect public health and safety. By contrast, the Stafford Act
defines major disasters exclusively as natural catastrophes or fires, floods, and explosions.

Public   Assistance for Emergencies

Emergency  declarations often authorize Public Assistance (PA), a suite of federal funding options that
supplement state, territorial, or tribal resources in response to an incident. With respect to hosting
migrants, an emergency declaration may authorize one relevant form of PA: emergency protective
measures, defined as activities undertaken to reduce an immediate threat to life, public health, or safety.
When  authorized, state, local, tribal, and territorial governments (and in certain cases, eligible nonprofits)
may receive reimbursement or direct support (e.g., personnel, facilities) for certain types of work,
including the provision of emergency shelter and transportation, emergency communications, and
emergency commodities.


                                                                Congressional Research Service
                                                                  https://crsreports.congress.gov
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