Safer DC Act of 2015

To provide for the apprehension, detention, and removal of certain aliens arrested by the District of Columbia, and for other purposes. 1. Short title This Act may be cited as the Safer DC Act of 2015 2. Apprehension, detention, and removal of certain aliens arrested by the District of Columbia (a) District of Columbia To Promptly Notify Homeland Security on Apprehension of Removable Aliens The District of Columbia, upon arrest of an individual, shall provide the Secretary of Homeland Security information necessary to determine the citizenship and immigration status of that individual. The information provided shall include, at a minimum, the name of the individual, any aliases used by that individual, and the individuals fingerprints, if available or readily obtainable. (b) Homeland Security issuance of detainer Upon receiving notice under subsection (a) that an inadmissible or deportable alien is in the custody of the District of Columbia, the Secretary, notwithstanding any other provision of law, regulation, or policy, shall— (1) issue a detainer to detain the alien to the District of Columbia requiring the detention of the alien for not more than 48 hours (excluding Saturdays, Sundays, and holidays) after the conclusion of— (A) any criminal or other legal proceeding under District of Columbia law (including circumstances where the alien is released on bail following the conclusion of the charging process), after which the alien may be released; or (B) the completion of any term of imprisonment to which the alien may be sentenced under District of Columbia law; and (2) take the alien into custody when the alien is released from the custody of the District of Columbia. (c) District of Columbia To Hold Certain Criminal Aliens Upon receipt of a detainer under subsection (b), the District of Columbia shall— (1) hold an alien who has been arrested for a period of up to 48 hours (excluding Saturdays, Sundays, and holidays) following the conclusion of the District of Columbia charging or dismissal proceeding; or (2) hold an alien who has been arrested for a period of up to 48 hours (excluding Saturdays, Sundays, and holidays) after the alien has completed the alien’s sentence under District of Columbia law. 3. Penalties for failure to take into custody (a) In general If the Secretary fails to issue a detainer under section 2(b), no political appointee of the Department of Homeland Security may perform any function described in subsection (b) until such alien is taken into custody. (b) Functions described The functions described in this subsection are the following: (1) Travel using Government aircraft. (2) Receipt of any non-essential training. (3) Receipt of bonus pay, excluding overtime pay. (4) Receipt of any salary increase. 4. Fine for violation Any officer of the District of Columbia, acting in his or her official capacity, who knowingly violates section 2 shall pay a civil penalty of not more than $10,000 for each such violation.

Summary: Safer DC Act of 2015 This bill requires the District of Columbia, upon an individual's arrest, to give the Department of Homeland Security (DHS) information necessary to determine the individual's citizenship and immigration status, including name, aliases, and fingerprints. Upon receiving this information DHS shall: issue a detainer requiring the District to detain the alien for up to 48 hours after the conclusion of any criminal or other legal proceeding under District law, or after completion of any term of imprisonment to which the alien may be sentenced under District law; and take the alien into custody upon release from District custody. Upon receipt of a DHS detainer the District shall hold an arrested alien for up to 48 hours: (1) following conclusion of the District's charging or dismissal proceeding, or (2) after the alien has completed the his or her sentence. If DHS fails to issue a detainer, no DHS political appointee may perform certain functions until the alien in question has been taken into custody. Any District officer, acting in his or her official capacity, who knowingly violates the notification or detention requirements under this Act shall pay a civil penalty of not more than $10,000 for each such violation.