First responders seek exemption from Trump Sanctuary Cities order

A representative of emergency first responders called on Congress Tuesday to extend an exemption from President Donald Trump’s Executive Order on sanctuary cities so that firefighters and other critical emergency service providers in those jurisdictions can continue accepting federal grants.

The president’s Jan. 25 order, “threatens to cut off funding to local fire departments and deeply affect their ability to plan for and respond to acts of terrorism,” John Sinclair, chief of Kittitas Valley Fire and Rescue in Washington, told the House Homeland Security’s Emergency Preparedness, Response, and Communications Subcommittee.

Sinclair, who is chairman of the International Association of Fire Chiefs, noted the president’s order, which could bar sanctuary cities from receiving FEMA grants, includes an exception for law enforcement, but not for public safety agencies. He urged that the Secretary of Homeland Security and Congress be allowed to use discretion to extend the exemption for public safety purposes.

“We believe a public safety exception is certainly appropriate to do,” Sinclair stated during a hearing on the future of FEMA.

The president’s order targets sanctuary cities – those jurisdictions which provide protection to illegal immigrants – and bars them from receiving federal funds. The order is currently being challenged in court by the city of San Francisco, one of the sanctuary cities.

U.S. Rep. Donald Paine (D-NJ) asked Sinclair if his organization was consulted prior to the enactment of the order and Sinclair said it was not. Paine, the ranking Democrat on the subcommittee, said he is concerned whether the executive order will prevent the federal government from helping cities and towns continue to build first responder capabilities.

U.S. Rep. John Rutherford (R-FL) asked Sinclair whether his organization has discussed with its members how the establishment of sanctuary cities could affect their citizens and Sinclair said it hasn’t. Rutherford suggested the member groups ought to discuss the ramifications of creating sanctuary cities. Thomas Garrett (R-VA) said the firefighters’ organization “might also go back to your localities and warn them of the potential loss of resources and the impact on them.”

Committee members and witnesses agreed on the need for the Trump administration to name a permanent FEMA administrator quickly. “It’s vital that the administration appoint a qualified FEMA administrator,” said U.S. Rep. Dan Donovan (R-NY), chairman of the subcommittee, who said the federal emergency agency has already navigated seven major disasters in 2017.

FEMA has been headed by acting administrator Robert Fenton since last month’s resignation of Craig Fugate, who directed the agency the previous seven years.

Captain Chris Kelenske, deputy director of emergency management and homeland security
for the Michigan State Police, who was representing the National Governors Association, testified about the states’ concerns of budget cuts for emergency response programs.

Kelenske said cuts to federal grant programs for states have made it difficult to sustain progress and build new capabilities over the past several years. “Moreover, these cuts have come at a time of new emerging threats, such as homegrown violent extremism and cyber network breaches,” he said. “While federal expectations of states have increased to accommodate these new threats, there has been no increase in federal financial support, reflecting a lack of meaningful federal assistance.”
He urged that Congress seek grant reform, maintain current grant levels, and establish flexible, risk-based funding.

Kelenske singled out the homeland security grant program and said the program has remained unchanged since its creation following the attacks of Sept. 11. “In its current form, states struggle to utilize the HSGP to sustain existing capabilities and build new ones simultaneously,” he said. “More importantly, the funding restrictions on how and what grant recipients may use the funds towards creates significant difficulty for states to adjust activities to match the current threat environment.”

He noted several emerging threats that are now the responsibility of state responders, including cybersecurity. States, he said, own a great deal of personal identifiable information and have experienced thefts of records in Utah and South Carolina.

“What remains unclear is what federal support, if any, states would receive from FEMA if the damage exceeds state capabilities,” Kelenske said. “In addition to reforming the HSGP to help states build the necessary capabilities to prepare for cyber incidents, FEMA should clarify the use and application of the Stafford Act for both disasters with physical consequences and those without.”