I 
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) intro-
duced the following bill; which was referred to the Committee on Home-
land 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 com-
mittee 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting the Prop-
erty 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 Sec-
retary of Homeland Security may’’; and 
(B) by striking ‘‘the Attorney General 
deems’’ and inserting ‘‘the Attorney General or 
the Secretary of Homeland Security, as applica-
ble, deems’’; 
(2) in paragraph (2)— 
(A) by striking ‘‘Attorney General may’’ 
and inserting ‘‘Attorney General and the Sec-
retary of Homeland Security may’’; and 
(B) by striking ‘‘the Attorney General con-
siders’’ and inserting ‘‘the Attorney General or 
the Secretary of Homeland Security, as applica-
ble, considers’’; 
(3) in paragraph (3)— 
(A) by striking ‘‘Attorney General and the 
lawful owner’’ and inserting ‘‘Attorney General 
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or the Secretary of Homeland Security, as ap-
plicable, and the lawful owner’’; 
(B) by striking ‘‘Attorney General may’’ 
and inserting ‘‘Attorney General or the Sec-
retary of Homeland Security, as applicable, 
may’’; and 
(C) by inserting before the period at the 
end the following: ‘‘, except that neither the At-
torney General nor the Secretary may com-
mence any such proceedings for the acquisition 
of any interest in land for the purpose of con-
structing 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’’. 
Æ 
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