Securing the Border and Making Drug Cartels Pay for it Act

Securing the Border and Making Drug Cartels Pay for it Act

This bill establishes various ways for funding border security enhancements, and increases the government's burden of proof in civil forfeiture cases.

The bill establishes the Secure America Financing Corporation, which shall be authorized to issue Secure America Bonds. The proceeds from such bonds shall be available to U.S. Immigration and Customs Enforcement and U.S. Border Patrol for security measures, including physical barriers, along the southwest border. Such funds may also be used for data analytics that may lead to increased drug seizures near the border.

Forfeited funds related to a felony conviction for a continuing enterprise involved in the intentional distribution of an imported controlled substance shall be used for security measures, including physical barriers, along the U.S.-Mexico border.

The bill also requires the government, when bringing an action for the civil forfeiture of property, to establish its case by clear and convincing evidence, where it is currently only required to meet the lower preponderance of the evidence standard.

Seized property may be released pending trial in certain situations, but the bill establishes that currency or contraband likely to belong to or used to support a foreign illegal trafficking organization shall not be released.