Borderland Takings Defense Fund Act

To amend the Homeland Security Act of 2002 to establish a fund for private landowners, and for other purposes. 1. Short title This Act may be cited as the Borderland Takings Defense Fund Act 2. Defense fund for private landowners (a) In general Subtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 890B. Defense fund for private landowners (a) Establishment (1) In general The Secretary shall establish a fund to assist eligible property owners whose property the Federal Government seeks to condemn or acquire for the purpose of constructing or installing additional physical barriers or roads between ports of entry along the land border with Mexico. (2) Administration (A) Appointment The Officer for Civil Rights and Civil Liberties of the Department shall appoint an individual to serve as the administrator of the fund established pursuant to paragraph (1). (B) Qualifications The individual appointed under subparagraph (A) to serve as the administrator of the fund shall be an individual who— (i) has at least three years of relevant experience in pro bono legal assistance; and (ii) to the maximum extent practicable, has a demonstrated record of advocacy on behalf of litigants in actions brought by or against the Federal Government. (b) Prohibition Notwithstanding section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1103 (1) the fund described in subsection (a) is established and made available to eligible property described in such subsection; and (2) such property owners are provided information on how to access legal support through such fund. (c) Eligibility To be eligible for assistance through the fund referred to in subsection (a), a property owner shall— (1) own property along the land border with Mexico that— (A) is subject to the condemnation or acquisition referred to in such subsection; or (B) is determined by the Administrator to be at risk of such action; and (2) (A) be the head of a low-income household; or (B) if such property owner is not the head of a low-income household, be determined by the administrator of the fund to be in need of such assistance but lacking adequate resources to secure representation against the Federal Government. (d) Outreach The Secretary, acting through the administrator of the fund, shall— (1) implement a targeted outreach strategy to identify and communicate with eligible property owners whose property the Federal Government seeks to condemn or acquire for the purpose of constructing or installing additional physical barriers or roads between ports of entry along the land border with Mexico; and (2) submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a copy of such targeted outreach strategy. (e) Definitions In this section: (1) Low-income household The term low-income household (A) in which one or more individuals are receiving— (i) assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 (ii) supplemental security income payments under title XVI of the Social Security Act ( 42 U.S.C. 1381 (iii) supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 (iv) payments under— (I) section 1315, 1521, 1541, or 1542 of title 38, United States Code; or (II) section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978 ( 38 U.S.C. 1521 Public Law 95–588 (B) that has an income that, as determined by the State in which such household is located, does not exceed the greater of— (i) an amount equal to 150 percent of the poverty level for such State; and (ii) an amount equal to 60 percent of the median income for such State. (2) Property The term property (f) Authorization of appropriations In addition to any amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $20,000,000 for each of fiscal years 2019 through 2025 to carry out this section. . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890A the following new item: Sec. 890B. Defense fund for private landowners. .

Summary: Borderland Takings Defense Fund Act This bill directs the Department of Homeland Security (DHS) to establish a fund to assist eligible individuals when the government seeks to acquire or condemn such individuals' property for the purpose of building physical barriers or roads along the U.S.-Mexico border. DHS shall not take actions toward construction of such barriers or roads until the fund is made available to eligible property owners and such owners are informed as to how to access support through the fund. Assistance through the fund shall be limited to low-income property owners or those who lack adequate resources to secure representation against the government, as determined by DHS.