Text: H.R.3943 — 115th Congress (2017-2018)All Information (Except Text)

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Introduced in House (10/04/2017)


115th CONGRESS
1st Session
H. R. 3943


To amend the Immigration and Nationality Act to prohibit the Secretary of Homeland Security and the Attorney General from using eminent domain to acquire land for the purpose of constructing a wall, or other physical barrier, along the international border between the United States and Mexico, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

October 4, 2017

Mr. O'Rourke (for himself, Mr. Gallego, Mr. Grijalva, Mr. Gonzalez of Texas, Mr. Vela, Mr. Cuellar, Mr. Serrano, Mr. Vargas, Mr. Peters, and Ms. Michelle Lujan Grisham of New Mexico) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned


A BILL

To amend the Immigration and Nationality Act to prohibit the Secretary of Homeland Security and the Attorney General from using eminent domain to acquire land for the purpose of constructing a wall, or other physical barrier, along the international border between the United States and Mexico, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Protecting the Property Rights of Border Landowners Act”.

SEC. 2. Use of eminent domain to acquire land for purposes of border wall prohibited.

Section 103(b) of the Immigration and Nationality Act (8 U.S.C. 1103(b)) is amended—

(1) in paragraph (1)—

(A) by striking “Attorney General may” and inserting “Attorney General and the Secretary of Homeland Security may”; and

(B) by striking “the Attorney General deems” and inserting “the Attorney General or the Secretary of Homeland Security, as applicable, deems”;

(2) in paragraph (2)—

(A) by striking “Attorney General may” and inserting “Attorney General and the Secretary of Homeland Security may”; and

(B) by striking “the Attorney General considers” and inserting “the Attorney General or the Secretary of Homeland Security, as applicable, considers”;

(3) in paragraph (3)—

(A) by striking “Attorney General and the lawful owner” and inserting “Attorney General or the Secretary of Homeland Security, as applicable, and the lawful owner”;

(B) by striking “Attorney General may” and inserting “Attorney General or the Secretary of Homeland Security, as applicable, may”; and

(C) by inserting before the period at the end the following: “, except that neither the Attorney General nor the Secretary may commence any such proceedings for the acquisition of any interest in land for the purpose of constructing a wall, or other physical barrier, along the international border between the United States and Mexico”; and

(4) in paragraph (4), by striking “Attorney General may” and inserting “Attorney General and the Secretary of Homeland Security may”.