OPINION: FEMA owes disaster victims more than delays and excuses

Nearly four years after the Calf Canyon/Hermits Peak Fire — the largest wildfire in New Mexico’s history — far too many families are still waiting for justice. Homes were lost, livelihoods destroyed, entire communities upended by a fire caused by the federal government itself. (It was caused by U.S. Forest Service prescribed and pile burns that erupted out of control.) Congress appropriated billions of dollars to make victims whole. And yet, thousands of northern New Mexicans remain stuck in a slow, opaque and deeply flawed claims process.

The actions of Jay Mitchell, director of the Hermits Peak–Calf Canyon Fire Claims Office, have eroded public trust in a program that victims depend on for relief. His placement on administrative leave was a necessary and appropriate step toward restoring accountability. (Mitchell allegedly received a six-figure payment for smoke damage at his Angel Fire home far from where the fire burned.) But this situation is not just about one individual. It exposes deeper systemic weaknesses in the Federal Emergency Management Agency’s approach to compensating disaster victims, weaknesses that allow delay, inconsistency and opacity to persist in a program that should be defined by clarity, urgency and fairness.

As an attorney representing hundreds of fire victims, I hear the same stories again and again. Families submit claims only to wait months for responses. They are asked repeatedly for the same documentation. They receive conflicting information from different FEMA representatives. Some are offered settlements that do not come close to covering their losses. Others receive nothing at all, despite clear eligibility.

This is not how a claims system should function, especially one designed to compensate victims of a federally caused disaster.

Transparency is the first missing pillar. Victims deserve to know how decisions are made, how long the process should take, and why some claims move while others stall. To this day, FEMA has failed to provide consistent public reporting on claims data, timelines or decision-making criteria. That lack of transparency breeds distrust and compounds trauma for people already living through unimaginable loss.

Fairness is the second failure. No administrator, no official, no insider should ever receive preferential treatment. Disaster compensation must be administered impartially, with clear safeguards against conflicts of interest. When victims see others jump the line while they wait in limbo, faith in the entire system collapses.

Finally, there must be accountability. FEMA works for the public. When leadership fails to act professionally, equitably or ethically, there must be consequences. Oversight from Congress and cooperation with state leaders are not optional but essential.

Meaningful reform is not complicated. FEMA should establish independent oversight of claims offices, publish regular and detailed public reports, enforce strict conflict-of-interest rules and set enforceable timelines for claim resolution. Most importantly, the agency must recenter the process around victims rather than spreadsheets, internal politics and damage control.

Northern New Mexicans have waited long enough. Disaster victims should not have to fight their own government to be treated with dignity. FEMA has an opportunity, right now, to fix a broken system. The question is whether it will choose transparency, fairness and accountability, or continue down a path that leaves victims behind.

Brian Colón is the managing partner of Singleton Schreiber’s New Mexico offices. He was the New Mexico state auditor: 2019-2022.