JUDGE: County issues border disaster declaration

This week the Milam County Commissioners’ Court passed a Disaster Declaration on the Border Crisis. While the effects of the border crisis may not have a direct effect as they are in counties farther to the south, we have seen the indirect effects as it pertains to crime and a shortage of law enforcement officers in Milam. 

The federal government’s lack of control on the border has directly led to the Department of Public Safety (DPS) having to augment the U.S. Border Patrol on the border thereby lowering the number of active officers on duty in rural counties and have contributed to a reduction in the recruitment of DPS Troopers. This lack of support from the executive branch of the federal government has affected not only our DPS office, but also increased the workload on our already short-handed sheriff’s office and municipal police departments. 

As a result of this, and the increase in crime both locally and statewide, the commissioners’ court felt it in the best interests of Milam County to pass this disaster declaration. As always, the safety and security of the citizens of Milam County are of the utmost importance to county government and we as your County Commissioners’ Court will do our best to keep this our first priority. Below I have included the text of the Disaster Declaration.

Declaration of a local state of disaster

WHEREAS, the health, safety, and welfare of the residents of Milam County are under an imminent threat of disaster from unprecedented levels of illegal immigration, human trafficking, and drug smuggling coming across the U. S. Border from Mexico;

WHEREAS, since January 2021, more than 5.5 million illegal aliens have been apprehended after unlawfully entering the United States, and according to U.S. Border Patrol estimates, a further 1.4 million illegal aliens have avoided apprehension while unlawfully entering the United States and remain unaccounted for with our nation. Since January 2021, the U.S. Border Patrol has identified over 240 known terrorists who have unlawfully entered the United States through the border with Mexico. The unprecedented amount of human trafficking, combined with the smuggling of fentanyl and other opioids infiltrating the border with Mexico has killed over 109,000 American Citizens. The sophisticated human smuggling and drug trafficking organizations that facilitate these criminal acts are spearheaded by violent international drug cartels who have operational control of the unsecured U.S./Mexico border;

WHEREAS, the ongoing immigration crisis on the Texas border is not acceptable and has resulted in a security threat and humanitarian disaster with overwhelming consequences to the residents of Milam County and Texas alike;

WHEREAS, Milam County Law Enforcement has been unacceptably burdened by the increased demands on the Department of Public Safety (DPS) caused by a shortage of DPS Troopers due to staffing shortages and extended personnel service requirements outside of Milam and Falls Counties. Requirements that are primarily caused by the federal government’s lack of control over the U.S./Mexico Border. Milam and Falls Counties are represented by a common DPS station that should be manned by as many as 14 Troopers based on population; however, due to a manning shortage across the DPS, the Milam and Falls Counties’ station has been billeted for Nine (9) Troopers. Currently, the Falls/Milam station has five (5) Troopers assigned of the nine (9) troopers billeted. With one Trooper consistently assigned outside the county, either at the border or at the Capitol complex, this leaves Milam and Falls Counties to be served by only four (4) DPS Troopers, thereby creating further stress on both county and municipal law enforcement agencies;

Whereas, the County Judge of Milam County, Texas, has determined that extraordinary measures must be taken to ensure the protection of the health, safety, and welfare of the county residents; 

Now therefore, be it proclaimed by the county commissioners’ court, Texas:

1. That the aforementioned recitation of facts is hereby adopted as findings of fact and related to this declaration.

2. That as a matter of law, the aforementioned facts constitute – among other things - an invasion of Milam County, Texas, as the term “invasion” is quantified in Article IV, Section 4 of the U. S. Constitution and in Article 4, Section 7 of the Texas Constitution: and

3. That pursuant to Section 433.005(a) of the Texas Government Code (Calling of State Military Forces) and Article 4, Section 7 of the Texas Constitution (Governor as Commander-in-Chief of the Military Forces of the State), this declaration does hereby request that the Governor of Texas, as Commander-in-Chief of the military forces of the state, declare the existence of an invasion on the border with Mexico and take necessary actions to preserve and protect the sovereignty and territorial integrity of the State of Texas: and

4. That this declaration hereby requests the Governor of Texas to act under the constitutional authority granted unto him under Article 4, Section 7 of the Texas Constitution and Article 1, Section 10, Cause 3 of the United States Constitution and immediately prevent and/or remove all persons invading the sovereignty of Texas and that of the United States; and 

5. That a local state of disaster is hereby declared for Milam County, Texas, pursuant to Section 418.108 (a) of the Texas Government Code; and

6. That pursuant to Section 418.108(c) of the Texas Government Code, this declaration of a local disaster shall be given prompt and general publicity and shall be filed promptly with the County Clerk of Milam County, Texas; and

7. That this declaration hereby authorizes the use of all lawfully available resources and authority granted under both the Constitution of Texas and the Constitution of the United States; and

8. That this declaration shall take effect immediately from and after its issuance and, upon approval by the Milam County Commissioners’ Court, shall continue in effect until terminated by the County Judge. Pursuant to this declaration, additional directives may be issued by the County Judge at any time deemed necessary and/or relevant.

Declared this 10th day of July 2023,

Bill Whitmire, Milam County Judge

Henry Hubnik, Commissioner, Precinct 1A

James Denman, Commissioner, Precinct 2

Art Neal, Commissioner, Precinct 3

Wesley Payne, Commissioner, Precinct 4