H.R. 3943House115th Congress (2017-2019)In Committee

Protecting the Property Rights of Border Landowners Act

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Updated April 15, 2026 at 6:21 PM UTC

The Protecting the Property Rights of Border Landowners Act would stop the federal government from taking private land to build a wall or other barrier on the U.S.-Mexico border. It changes the Immigration and Nationality Act so that the Secretary of Homeland Security and the Attorney General are explicitly barred from using eminent domain for that purpose, protecting the rights of landowners near the border.

Key Provisions

Amends Section 103(b) of the Immigration and Nationality Act to add the Secretary of Homeland Security alongside the Attorney General as an official who could exercise eminent domain, but then expressly prohibits either from initiating eminent‑domain proceedings to acquire land for a border wall or other physical barrier.
Updates the language in several paragraphs of the section to reflect the joint authority and to insert the new prohibition that neither official may commence such proceedings for a wall or barrier.

Legislative Activity

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3 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Border and Maritime Security.

Border Security and Enforcement Subcommittee

October 20, 2017

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HouseIntro Referral

Introduced in House

October 4, 2017

HouseIntro Referral

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.

Homeland Security Committee

October 4, 2017

HouseCommittee

Referred to the Subcommittee on Immigration and Border Security.

Immigration Integrity, Security, and Enforcement Subcommittee

October 16, 2017

HouseCommittee

Referred to the Subcommittee on Border and Maritime Security.

Border Security and Enforcement Subcommittee

October 20, 2017

Bill Text

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Introduced in HouseIssued October 4, 2017

115th CONGRESS

1st Session

H. R. 3943

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.

Short title

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

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.