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)
<![CDATA[
EXHIBIT 5
App. 0079
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
STATE OF TEXAS, et al.,
)
)
Plaintiffs,
)
)
v.
)
Civil Action No. 1:14-cv-00254
)
UNITED STATES OF AMERICA, et al.,
)
)
Defendants
)
DECLARATION OF DAVID G. BAKER
My name is David G. Baker 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 the Deputy Director of Law Enforcement Operations at the Texas
Department of Public Safety ("DPS").
In this capacity, I oversee DPS's law
enforcement divisions, including coordination of DPS's border security operations.
2.
I was appointed to serve as Deputy Director in September 2011.
Immediately prior to my current position, I served as Assistant Director/Chief of the
Texas Highway Patrol.
3.
Along with other local, state, and federal law enforcement agencies,
DPS personnel conduct security operations along the border between Texas and
Mexico.
1
App. 0080
4.
In furtherance of its border security function, DPS participated in a
multi-agency law enforcement surge operation from September 15, 2013 through
October 4, 2013 (hereinafter referred to as "Operation Strong Safety I"). Operation
Strong Safety I temporarily increased the patrol presence in the State's Rio Grande
Valley area in an effort to combat criminal activity in the area. Leading up to the
implementation of this operation, there had been a substantial increase in the
number of U.S. Border Patrol apprehensions of undocumented individuals from
countries other than Mexico (including El Salvador and Guatemala) and
unaccompanied children in the Rio Grande Valley.
Resources from around the
State were deployed to the Rio Grande Valley to support Operation Strong Safety I
by conducting around-the-clock patrols on, above, and along the Rio Grande River.
5.
DPS estimates that it incurred approximately $3.4 million in
expenditures attributable to Operation Strong Safety I. These expenditures reflect
costs associated with employee overtime, travel, aviation, and other expenses that
DPS would not have incurred but for this emergency operation.
6.
On June 18, 2014, Governor Rick Perry, Lieutenant Governor David
Dewhurst, and Speaker of the House Joe Straus directed DPS to plan and
implement another surge operation of increased law enforcement in Texas border
counties (hereinafter referred to as "Operation Strong Safety II"). Operation Strong
Safety II, which began on June 23, 2014, was intended to address the criminal
activity associated with the growing humanitarian crisis in and around the border.
U.S. Border Patrol apprehensions of individuals crossing the Texas-Mexico border
2
App. 0081
were occurrmg at historic levels, totaling over 40,000 per month for the three
months before Operation Strong Safety II, with much of this increase centered in
the Rio Grande Valley area.
The influx of unaccompanied children and other
undocumented immigrants crossing the border presented a substantial threat of
increased drug trafficking, human smuggling, and other violent crime. The State's
directive authorized DPS to utilize all existing appropriated funds in support of
Operation Strong Safety IL
7.
Operation Strong Safety II remains ongoing to this day. During the
operation, DPS has worked in coordination with its local, state, and federal law
enforcement partners to conduct around-the-clock, ground, air, and marine
saturation patrols on the Texas-Mexico border.
8.
DPS estimates that it incurred approximately $23.49 million in
expenditures attributable to Operation Strong Safety II from the beginning of the
initiative through November 2014. These expenditures reflect costs associated with
employee overtime, travel, aviation, and other expenses that DPS would not have
incurred but for this emergency operation.
9.
DPS projects that from December 2014 through August 2015, it will
incur approximately $1.3 million per week, or a total of $49.4 million, in additional
expenditures associated with Operation Strong Safety IL
These projected
expenditures reflect costs that DPS would not have to incur but for this emergency
operation.
3
App. 0082
10.
Attached as Exhibit 1 to this declaration is a true and correct copy of a
DPS Budget/Organization Activity Report, generated on December 2, 2014,
detailing certain estimated DPS border security expenditures from September 2012
through November 2014 and projected DPS border security expenditures from
December 2014 through August 2015, including expenditures attributable to
Operation Strong Safety I and Operation Strong Safety II. This record is kept by
DPS in the course of its regularly conducted activity, and it was DPS's regular
practice for an employee or representative of DPS, with knowledge of the act, event,
condition, opinion, or diagnosis, recorded to make the record or to transmit
information thereof to be included in such record; and the record was made at or
near the time of the act, event, condition, opinion, or diagnosis.
11.
Based on my experience with DPS, including my first-hand knowledge
and oversight of Operation Strong Safety I and Operation Strong Safety II, I
anticipate that the need for additional law enforcement resources along the TexasMexico border will continue. It also is my belief that any increase in the incentives
for individuals to come to the United States will lead to a greater need for
additional law enforcement resources along the border.
12.
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. ยง 1746, I declare under penalty of perjury that the
foregoing is true and correct.
Executed on this la._ day of January, 2015.
4
App. 0083
DAVID G. BAKER
5
App. 0084
Exhibit 1 to
Declaration of David G. Baker
App. 0085
12/3/2014
Texas Department of Public Safety
Date Run: 12/02/2014 12:14 pm
USAS HX Database
Budget/Organization Activity
Y-T-D Expenditures
AY 2013
Sept 2012
AY 2014
AY 2015
Total
$ 23,275,660.23
11,798,224.34
2,740,778.28
27,097,462.61
18,526,825.72
45,624,288.33
35,073,884.57
8,414,081.50
77,384,579.21
36,817,668.50
114,202,247.71
192.4
$
50,287,116.60
$
18,290,842.78
Total Expenditures
and Projected
21,338,153.15
180.7
FTEs
5,673,303.22
Projected AY 2015
12,558,459.99
3043 - 1-1-3 BORDER SECURITY
$
to
AY 15 (Nov 2014)
33,896,613.14
3040 - 1-1-4 LOCAL BORDER SECURITY
$
AY 2013
$
68,577,959.38
198.0
13,829,761.03
21,021,593.78
7,282,171.87
42,133,526.68
11,268,790.13
53,402,316.81
1002 - OTHER PERSONNEL COSTS
490,273.21
528,424.77
126,443.91
1,145,141.89
359,409.09
1,504,550.98
2001 - PROFESSIONAL FEES AND SER
354,476.05
331,628.87
54,977.94
741,082.86
2,835,070.06
3,576,152.92
2002 - FUELS AND LUBRICANTS
1,969,905.83
2,849,062.14
387,302.39
5,206,270.36
2,804,069.61
8,010,339.97
2003 - CONSUMABLE SUPPLIES
182,893.85
184,630.38
2,312.79
369,837.02
206,702.21
576,539.23
2004 - UTILITIES
128,321.51
153,367.18
10,818.34
292,507.03
46,508.66
339,015.69
2005 - TRAVEL
855,928.76
912,556.88
36,723.08
1,805,208.72
1,239,438.92
3,044,647.64
2006 - RENT - BUILDING
87,514.51
14,027.78
52,657.16
154,199.45
92,393.84
246,593.29
2007 - RENT - MACHINE AND OTHER
20,903.50
127.83
0.00
21,031.33
11,867.00
32,898.33
2009 - OTHER OPERATING EXPENSE
6,042,392.96
4,974,471.21
62,678.77
11,079,542.94
8,206,385.23
19,285,928.17
1001 - SALARIES AND WAGES
4000 - GRANTS
4,243,818.96
2,349,106.37
0.00
6,592,925.33
4,792,277.00
11,385,202.33
5000 - CAPITAL EXPENDITURES
5,690,422.97
1,754,887.38
397,995.25
7,843,305.60
4,954,756.75
12,798,062.35
33,896,613.14
35,073,884.57
8,414,081.50
77,384,579.21
36,817,668.50
114,202,247.71
Total
33,850,990.49
32,493,634.85
8,373,644.35
74,718,269.69
36,508,105.65
111,226,375.34
Federal Funds
27,133.74
911,850.06
40,437.15
979,420.95
309,562.85
1,288,983.80
Interagency Contracts
18,488.91
1,668,399.66
33,896,613.14
35,073,884.57
36,817,668.50
114,202,247.71
State Funds
1,686,888.57
8,414,081.50
1,686,888.57
77,384,579.21
Estimated Expenditures:
Operations Strong Safety I
$
3,400,000.00
$
3,400,000.00
$
16,306,028.87
$
Operations Strong Safety II:
Overtime (*does not include expanded 10 hour workday)
3,400,000.00
$1.3M per week
$
7,490,260.09
$
8,815,768.78
$
34,200,000.00
$
50,506,028.87
Travel
1,876,855.14
2,982,311.94
4,859,167.08
10,260,000.00
15,119,167.08
Aviation
1,272,561.70
878,049.09
2,150,610.79
4,560,000.00
6,710,610.79
69,392.71
107,538.89
176,931.60
380,000.00
$ 10,709,069.64
$ 12,783,668.70
10 weeks
14 weeks
Other-Supplies, Repairs
Total Operations Strong Safety II
DPS Budget Execution, December 1, 2014
$
23,492,738.34
$
49,400,000.00
556,931.60
$
72,892,738.34
$
64,900,000.00
$
255,394,986.05
38 Weeks
App. 0086
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