State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

EXHIBIT 13

App. 0745

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS

BROWNSVILLE DIVISION
STATE OF TEXAS, et al.,

)
)

Plaintiffs,
v.
UNITED STATES OF AMERICA, et al.,
Defendants

)
)
)
)
)
)
)

Civil Action No. 1:14-cv-00254

DECLARATION OF JAMES DUNKS
My name is James Dunks, and I am over the age of 18 and fully competent in
all respects to make this declaration. I have personal knowledge and expertise of
the matters herein stated.
1.

I am a Captain Game Warden with the Texas Parks and Wildlife

Department ("TPWD"). In this capacity, I oversee certain TPWD border security
operations on land and water, particularly in the area around Hidalgo and the
Anzalduas Dam.
2.

I have worked as a TPWD Captain Game Warden since on or about

January 2013, both in the Rio Grande Valley and Laredo.

Prior to my current

position, I served as a sergeant with TPWD.
3.

Along with the efforts of other local, state, and federal agencies, TPWD

personnel, in addition to carrying out the TPWD mission, work in patrol vessels and
land units along the Texas-Mexico border, principally focused on deterring and

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App. 0746

disrupting activity that endangers the State's security, including drug trafficking,

human smuggling, and other violent crime.
4.

As a Captain Game Warden in the Rio Grande Valley, I have been

actively involved in the execution of Operation Strong Safety since the program was
launched in June 2014.

Before Operation Strong Safety began, the surge of

unaccompanied childl·en and other undocumented immigrants coming across the
Texas-Mexico border was overwhelming, and TPWD game wardens were referring
staggering numbers of individuals to the U.S. Border Patrol. In the six months
since Operation Strong Safety was initiated, the efforts of TPWD and other law
enforcement agencies responding to the border surge have contributed to a decrease
in the number of undocumented individuals turned over to U.S. Border Patrol.
Operation Strong Safety remains ongoing to this day.
5.

On many occasions, I have interacted directly with persons crossing

the Texas-Mexico border, including families and unaccompanied minors.

When

TPWD personnel first come into contact with individuals crossing the border, we
generally try to communicate with these individuals to see what country they are
from and whether they need any water, food, or immediate medical attention, before
referring them to the Border Patrol .
6.

In my experience, most undocumented individuals are looking for the

first law enforcement officer they can find once they cross the border. It also is my
experience that these individuals, particularly unaccompanied children, are often
seeking to reunite with family members or friends who already live in the United

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App. 0747

States.

I have encountered many undocumented individuals who consider the

notices that they receive from federal immigration authorities to be "permisos," or
passes that grant them permission to remain in the United States indefinitely.
Undocumented individuals have commonly expressed through an interpreter to me,
as well as to other TPWD personnel, that they came to the United States because
they believed they would be allowed to stay in this country and not be deported,
sometimes because they have seen flyers in their home countries promoting the
federal government's favorable immigration policies.
7.

Based on my experience with TPWD, including my first-hand

involvement in Operation Strong Safety, I expect that the conditions that led to the
initiation of Operation Strong Safety will continue for the foreseeable future.
8.

All of the facts and information contained within this declaration are

within my personal knowledge and are true and correct.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the
foregoing is true and correct.
Executed on this l l day of December, 2014.

~~~
JAMES DUNKS

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App. 0748