Chapter Chapter 5
Section Critical Challenge: Public Safety and Security
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Critical Challenge: Public Safety and Security
State and local governments have a fundamental responsibility to provide for the public safety and security of their residents. During disasters, the Federal government provides law enforcement assistance only when those resources are overwhelmed or depleted.41 Almost immediately following Hurricane Katrina’s landfall, law and order began to deteriorate in New Orleans. The city’s overwhelmed police force–70 percent of which were themselves victims of the disaster—did not have the capacity to arrest every person witnessed committing a crime, and many more crimes were undoubtedly neither observed by police nor reported. The resulting lawlessness in New Orleans significantly impeded—and in some cases temporarily halted—relief efforts and delayed restoration of essential private sector services such as power, water, and telecommunications.42
The Federal law enforcement response to Hurricane Katrina was a crucial enabler to the reconstitution of the New Orleans Police Department’s command structure as well as the larger criminal justice system. Joint leadership from the Department of Justice and the Department of Homeland Security integrated the available Federal assets into the remaining local police structure and divided the Federal law enforcement agencies into corresponding New Orleans Police Department districts.
While the deployment of Federal law enforcement capability to New Orleans in a dangerous and chaotic environment significantly contributed to the restoration of law and order, pre-event collaborative planning between Federal, State, and local officials would have improved the response. Indeed, Federal, State, and local law enforcement officials performed admirably in spite of a system that should have better supported them. Local, State, and Federal law enforcement were ill-prepared and ill-positioned to respond efficiently and effectively to the crisis.
In the end, it was clear that Federal law enforcement support to State and local officials required greater coordination, unity of command, collaborative planning and training with State and local law enforcement, as well as detailed implementation guidance. For example, the Federal law enforcement response effort did not take advantage of all law enforcement assets embedded across Federal departments and agencies. Several departments promptly offered their assistance, but their law enforcement assets were incorporated only after weeks had passed, or not at all.43
Coordination challenges arose even after Federal law enforcement personnel arrived in New Orleans. For example, several departments and agencies reported that the procedures for becoming deputized to enforce State law were cumbersome and inefficient. In Louisiana, a State Police attorney had to physically be present to swear in Federal agents. Many Federal law enforcement agencies also had to complete a cumbersome Federal deputization process.44 New Orleans was then confronted with a rapid influx of law enforcement officers from a multitude of States and jurisdictions—each with their own policies and procedures, uniforms, and rules on the use of force—which created the need for a command structure to coordinate their efforts.45
Hurricane Katrina also crippled the region’s criminal justice system. Problems such as a significant loss of accountability of many persons under law enforcement supervision46, closure of the court systems in the disaster47, and hasty evacuation of prisoners48 were largely attributable to the absence of contingency plans at all levels of government.
Lessons Learned:
The Department of Justice, in coordination with the Department of Homeland Security, should examine Federal responsibilities for support to State and local law enforcement and criminal justice systems during emergencies and then build operational plans, procedures, and policies to ensure an effective Federal law enforcement response.
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