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          S   Congressional                                                      ____
       C ' Research Service






Potential Stafford Act Assistance for

Migration Activity



Updated May 18, 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 affect migration activity 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 (e.g., shelter), including through 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 Stafford Act assistance for response
and recovery from specific incidents. 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 as occasions warranting supplemental federal assistance 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), funding that supplements state, territorial,
or tribal resources in response to an incident. An emergency declaration may authorize one form of PA
potentially relevant to hosting migrants: 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
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