I 

114TH CONGRESS 

1ST SESSION H. R. 3165 

To provide for the apprehension, detention, and removal of certain aliens 

arrested by the District of Columbia, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 22, 2015 

Mr. GOHMERT introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committees on the Judiciary and Homeland Security, 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 provide for the apprehension, detention, and removal of 

certain aliens arrested by the District of Columbia, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safer DC Act of 

5 2015’’. 


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1 SEC. 2. APPREHENSION, DETENTION, AND REMOVAL OF 

2 CERTAIN ALIENS ARRESTED BY THE DIS3 TRICT OF COLUMBIA. 

4 (a) DISTRICT OF COLUMBIA TO PROMPTLY NOTIFY

5 HOMELAND SECURITY ON APPREHENSION OF REMOV6 ABLE ALIENS.—The District of Columbia, upon arrest of 

7 an individual, shall provide the Secretary of Homeland Se8 curity information necessary to determine the citizenship 

9 and immigration status of that individual. The informa10 tion provided shall include, at a minimum, the name of 

11 the individual, any aliases used by that individual, and the 

12 individuals fingerprints, if available or readily obtainable. 

13 (b) HOMELAND SECURITY ISSUANCE OF DE14 TAINER.—Upon receiving notice under subsection (a) that 

15 an inadmissible or deportable alien is in the custody of 

16 the District of Columbia, the Secretary, notwithstanding 

17 any other provision of law, regulation, or policy, shall— 

18 (1) issue a detainer to detain the alien to the 

19 District of Columbia requiring the detention of the 

20 alien for not more than 48 hours (excluding Satur21 days, Sundays, and holidays) after the conclusion 

22 of— 

23 (A) any criminal or other legal proceeding 

24 under District of Columbia law (including cir25 cumstances where the alien is released on bail 


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1 following the conclusion of the charging proc2 ess), after which the alien may be released; or 

3 (B) the completion of any term of impris4 onment to which the alien may be sentenced 

5 under District of Columbia law; and 

6 (2) take the alien into custody when the alien 

7 is released from the custody of the District of Co8 lumbia. 

9 (c) DISTRICT OF COLUMBIA TO HOLD CERTAIN

10 CRIMINAL ALIENS.—Upon receipt of a detainer under 

11 subsection (b), the District of Columbia shall— 

12 (1) hold an alien who has been arrested for a 

13 period of up to 48 hours (excluding Saturdays, Sun14 days, and holidays) following the conclusion of the 

15 District of Columbia charging or dismissal pro16 ceeding; or 

17 (2) hold an alien who has been arrested for a 

18 period of up to 48 hours (excluding Saturdays, Sun19 days, and holidays) after the alien has completed the 

20 alien’s sentence under District of Columbia law. 

21 SEC. 3. PENALTIES FOR FAILURE TO TAKE INTO CUSTODY. 

22 (a) IN GENERAL.—If the Secretary fails to issue a 

23 detainer under section 2(b), no political appointee of the 

24 Department of Homeland Security may perform any funcVerDate Sep 11 2014 03:07 Jul 25, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3165.IH H3165

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1 tion described in subsection (b) until such alien is taken 

2 into custody. 

3 (b) FUNCTIONS DESCRIBED.—The functions de4 scribed in this subsection are the following: 

5 (1) Travel using Government aircraft. 

6 (2) Receipt of any non-essential training. 

7 (3) Receipt of bonus pay, excluding overtime 

8 pay. 

9 (4) Receipt of any salary increase. 

10 SEC. 4. FINE FOR VIOLATION. 

11 Any officer of the District of Columbia, acting in his 

12 or her official capacity, who knowingly violates section 2 

13 shall pay a civil penalty of not more than $10,000 for each 

14 such violation. 

Æ 


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