Like Countable?

Install the App
TRY NOW

senate Bill S. 263

Should the Federal Gov’t be Prohibited From Using Emergency Powers to Seize Land for the Border Wall?

Argument in favor

The Trump administration’s threat to use emergency powers to seize border residents’ land for President Trump’s promised wall would constitute a violation of property rights. This bill creates protections for border residents against illegal, uncompensated seizure of their land and ensure that wall construction takes stakeholders into account.

Robert's Opinion
···
07/30/2019
At least two wildlife refuges have been destroyed in DJT’s greedy thirst to Keep America white
Like (124)
Follow
Share
Dara's Opinion
···
07/31/2019
While the government has this right I am totally confused. Republicans don’t want government, so now it’s ok to take land for a partisan purpose??? This wall is the biggest misuse of funds. I am so against this wall. It will not stop border crossings.
Like (94)
Follow
Share
doingmypart's Opinion
···
07/30/2019
Yes, this never should never be allowed. It’s bad enough they can seize land through eminent domain. This stupid ass 12th century idea will not stop the real issue. The USA sticking their noses into other countries business instigating regime change creating chaos, causing these people to flee for their lives. tRump created the humanitarian crisis on the border by cutting humanitarian aid in Central America and with his child separation policies.
Like (70)
Follow
Share

Argument opposed

DHS and the Trump administration are committed to building the border wall, and they’re rightfully entitled to use all legal means at their disposal — including eminent domain seizures — to get the land they need to complete the wall. This bill would unjustifiably limit the federal government’s authority.

Jan's Opinion
···
07/30/2019
This is the only way to protect our country from being over run with Very Bad People, that only want in for either the free living and health care they are being given, or to sell drugs and or people!
Like (33)
Follow
Share
SneakyPete's Opinion
···
08/01/2019
Build The Wall First, Then Build America DHS and the Trump administration are committed to building the border wall, and they’re rightfully entitled to use all legal means at their disposal — including eminent domain seizures — to get the land they need to complete the wall. This bill would unjustifiably limit the federal government’s authority. SneakyPete..... 👍🏻👍🏻👍🏻👍🏻👍🏻. 8.2.19.....
Like (13)
Follow
Share
Jim2423's Opinion
···
07/30/2019
Eminent Domain is already a legal process and established. People will by law receive ample payment for their property. Exception is Native American lands for they are their own sovereignty within this country. So far no wildlife preserves have been harmed with the wall only tree hugger mentality cries.
Like (12)
Follow
Share

bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on Homeland Security and Governmental Affairs
    IntroducedJanuary 29th, 2019

What is Senate Bill S. 263?

This bill — the Full Fair and Complete Exchange (FACE) Act — would prohibit the federal government from taking possession of land for border infrastructure until all persons or entities entitled to compensation are paid in full. This bill would ensure that the federal government provides compensation for land acquired for border infrastructure on a timely basis. It’d also require consultation and approval from relevant stakeholders, including tribes, for any acquired state land.

Impact

Border states; southern border; residents of southern border states; eminent domain; border wall; and DHS.

Cost of Senate Bill S. 263

A CBO cost estimate is unavailable.

More Information

In-DepthSen. Martin Heinrich (D-NM), along with a coalition of border state Senators, introduced this bill along with two others (S. 264 and S. 254) to protect residents’ property rights and safeguard important habitat for wildlife, tribal interests, and religious freedoms in the southern border region. This specific bill was introduced to protect property owners along the southern border from President Trump’s threat of using a state of emergency declaration to use executive authority to build a southern border wall:

“Close to 70 percent of land along our southern border belongs to entities other than the federal government. Before any border wall proposal moves forward, we need to mandate consultation with stakeholders, increase transparency, and ensure that landowners are properly compensated before the government takes possession of their property to build new border infrastructure.”

Original cosponsor Sen. Kamala Harris (D-CA), one of the Democrats seeking the Democratic party’s presidential nomination for the 2020 election, adds:

“The president’s vanity project of a wall is a waste of taxpayer money and fails to combat trafficking by transnational gangs. As a border state Senator, I’m concerned that there are insufficient protections for border community residents against this administration’s potential attempts to seize their homes and lands. This bill is an important step forward to protect the rights of residents of our border communities and would provide a necessary check on the executive.”

Sen. Mark Udall (D-NM), also an original cosponsor of this bill as well as the other two bills introduced alongside with it, adds:

“We need to protect New Mexico's landowners, landscape, and way of life, and stand up for our state's proud border communities against out-of-touch attacks from this administration. The Trump administration’s thoughtless and reckless land-grab means homes could be confiscated, farms and livelihoods ruined, neighbors cut off from one another, Tribal sovereignty upended, and endangered species and habitat lost forever if the administration has its way. As a border state senator, I will continue to fight against the president’s wall in Congress. The shutdown showed that this administration will stop at nothing in its obsession with a border wall, and these bills will take much needed action to restore basic due process to eminent domain, protect the most sensitive wildlife areas from border barrier construction, and subject Trump’s wall to the same laws that govern other federal projects. We need to invest in smart border security that actually meets our needs on-the-ground, not a political symbol that violates our values and could irreparably damage our state.”

In a December 12, 2018 press release, the Dept. of Homeland Security (DHS) expressed its commitment to building a border wall as quickly as possible:

“DHS is committed to building a wall at our southern border and building a wall quickly. Under this President, we are building a new wall for the first time in a decade that is 30-feet high to prevent illegal entry and drug smuggling. Once funding was provided, DHS began construction of a border wall quickly, in some locations in as little as nine months from funding to building – a process that commonly takes two years or more in other parts of Government. By the end of FY 2019, DHS expects to have construction completed or underway for more than 120 miles in the areas it’s most needed by the U.S. Border Patrol. The pace of construction has picked up as initial limiting factors like land acquisition and funding have been addressed… Walls Work. When it comes to stopping drugs and illegal aliens from crossing our borders, border walls have proven to be extremely effective. Border security relies on a combination of border infrastructure, technology, personnel and partnerships with law enforcement at the state, local, tribal, and federal level. For example, when we installed a border wall in the Yuma Sector, we have seen border apprehensions decrease by 90 percent. In San Diego, we saw on Sunday that dilapidated, decades-old barriers are not sufficient for today’s threat and need to be removed so new – up to 30 foot wall sections can be completed.”

This bill has three Democratic cosponsors, as well as the support of Defenders of Wildlife and the Southwest Environmental Center.

The other two bills in Sen. Heinrich’s bill package would seek to further limit the federal government’s authority to build its southern border wall without proper assessment of such construction’s impacts:


Of NoteRecent reports show the Trump administration is staffing up for an increase in eminent domain property seizures. In mid-January 2019, Politico reported that the Justice Dept. (DOJ) had posted job descriptions for a pair of attorneys to tackle border wall litigation in South Texas, which the outlet called “a sign of coming property seizures and other legal controversies that President Donald Trump anticipates if he plows ahead with his signature project.” Chris Rickerd, the American Civil Liberties Union’s senior policy counsel on border and immigration issues, predicted that these new DOJ hires will likely deal with eminent domain property seizures and disputes with landowners over their properties’ values. He said:

“I think there’s a vision that people are seeking injunctions against bulldozers, but that’s not really the legal landscape here. The core of it is taking land from private property owners and litigating the compensation. [People] assume that it’s a big process for the federal government to come and take someone’s land. In fact, legally, the government has a lot of power in this area. And the recourse is very limited.”

The Dept. of Homeland Security (DHS) has been using waiver authority to disregard over 50 environmental, cultural, and public health laws such as the Endangered Species Act, National Environmental Policy Act, and Native American Graves Protection and Repatriation Act in order to build border barriers. This has allowed DHS to construct twenty miles of border wall in Santa Teresa, NM in 2018 without public consultation or an appropriate assessment of the wall’s impact on wildlife and border communities.

Under Section 102 of the 2005 REAL ID Act, the DHS Secretary received “unprecedented power to waive any federal, state, or local law to construct roads and barriers along the border.” Since the REAL ID Act’s passage, both the Trump and George W. Bush administrations have used it to exempt DHS from environmental laws in order to construct roads and barriers along the U.S.-Mexico border.


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / JeffGoulden)

AKA

FACE Act

Official Title

A bill to ensure the receipt of required compensation before physical possession by the Federal Government of any land subject to the use of eminent domain for the construction of United States border infrastructure and to provide for a consultation process prior to acquiring land for border infrastructure.

    At least two wildlife refuges have been destroyed in DJT’s greedy thirst to Keep America white
    Like (124)
    Follow
    Share
    This is the only way to protect our country from being over run with Very Bad People, that only want in for either the free living and health care they are being given, or to sell drugs and or people!
    Like (33)
    Follow
    Share
    While the government has this right I am totally confused. Republicans don’t want government, so now it’s ok to take land for a partisan purpose??? This wall is the biggest misuse of funds. I am so against this wall. It will not stop border crossings.
    Like (94)
    Follow
    Share
    Yes, this never should never be allowed. It’s bad enough they can seize land through eminent domain. This stupid ass 12th century idea will not stop the real issue. The USA sticking their noses into other countries business instigating regime change creating chaos, causing these people to flee for their lives. tRump created the humanitarian crisis on the border by cutting humanitarian aid in Central America and with his child separation policies.
    Like (70)
    Follow
    Share
    No wall. Do not allow Federal government to seize land for border wall that citizens don’t want, taxpayers don’t want, and congress has not authorized. No wall. Wall is a money laundering scheme for trump and trump’s corrupt criminal cronies.
    Like (53)
    Follow
    Share
    There are 2 issues. First should the government be allowed to seize land without prior compensation or even agreed to compensation? NO, absolutely not. Second, should the government be able to seize land for a non declared emergency and without a congressionally authorized funding? NO again.
    Like (46)
    Follow
    Share
    No wall, no way, no stealing land to build it on.
    Like (36)
    Follow
    Share
    The wall is a ridiculous endeavor to begin with. It’s definitely not an emergency situation.
    Like (27)
    Follow
    Share
    Its not just people’s personal land that needs protection but, also wildlife reservations. The wall would destroy a huge area of preserved wildlife land.
    Like (25)
    Follow
    Share
    Congress consistently said “no” to the wall but, this administration circumvented that stand for nothing more than his political gain. The experts have verified that border security would be fiscally more realistically put on place at the entry points with modern technology and other means. Regardless, our Bully in Chief has pushed through the wall by re-allocating funds and beginning a structure that has already destroyed environmental refuges and bulldozed through the will of the people. “Stealing” private lands just compounds is authoritarian abusive damage.
    Like (22)
    Follow
    Share
    What next? Will the government use U.S. troops to force seizure of land wanted for Trump’s testimony to himself, racism, white supremacy, and cruelty? The Republican White Nationalist Party has already shown laws don’t matter to them and they will attempt to get their way by whatever means necessary. This bill is a must pass even if the government plans to ignore it.
    Like (20)
    Follow
    Share
    Absolutely OUR GOVERNMENT SHOULD NEVER BE ALLOWED TO SEIZE LAND FROM CITIZENS THAT HAVE WORKED HARD FOR IT. AND NEVER SEIZE LAND FROM INDIGENOUS PEOPLES! Then you are no longer a government. You are criminal assholes. And turning America into a 3rd world country.
    Like (20)
    Follow
    Share
    Absolutely not!
    Like (18)
    Follow
    Share
    Seizing land is bad. A wall is stupid. I can afford a drone that can lift a human body. Where’s you wall now? Get it. Walls are stupid unless manned and if you man the area you don’t need a wall. Let’s just do a fair and common sense non partisan immigration reform/policy.
    Like (14)
    Follow
    Share
    Vanity projects are not emergencies. No one should lose private property for vanity.
    Like (13)
    Follow
    Share
    Build The Wall First, Then Build America DHS and the Trump administration are committed to building the border wall, and they’re rightfully entitled to use all legal means at their disposal — including eminent domain seizures — to get the land they need to complete the wall. This bill would unjustifiably limit the federal government’s authority. SneakyPete..... 👍🏻👍🏻👍🏻👍🏻👍🏻. 8.2.19.....
    Like (13)
    Follow
    Share
    The majority of Americans oppose this wall. All reputable academic institutions who have studied its impact on the environment, border security, and international relations have clearly said this wall is a bad idea. Now this politician wants to seize individual property to force it to be built? No.
    Like (13)
    Follow
    Share
    Yes! The illegitimate racist mobster in the White House should not be able to take American citizens land from them for his racist ego project! What has happened to this country? THIS IS INSANE!!!
    Like (13)
    Follow
    Share
    The Federal Government has absolutely no right claiming lands that are privately or publicly owned for as asinine a reason as a wall that will never be completed, and isn’t protecting anything. At best, it’s a 20 year project. Until we see 20 years of projections for plans, costs, manpower, it needs to stop.
    Like (13)
    Follow
    Share
    This is not a necessary evil that allows land to be taken like a highway or bridge, etc. this is a political ball bat like this stupid wall.
    Like (12)
    Follow
    Share
    MORE