Kayla Hamilton Act

Sponsor: Russell Fry (Republican-SC)

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Introduced

In Committee

Passed One Chamber

Passed Both Chambers

Signed into Law

Received in the Senate.

Tightens rules for placing unaccompanied children in federal custody to combat child trafficking.

The Kayla Hamilton Act would make major changes to how the government handles unaccompanied children who arrive in the U.S. It would require more thorough checks for these children, especially those 12 and older, including looking for gang ties and criminal records. It would also set much tougher rules for who can take care of these children, making sure they are U.S. citizens or permanent residents and have no serious criminal history.

What Would Change

Today, the Office of Refugee Resettlement makes decisions about where unaccompanied children are placed, with existing screening and sponsor rules. If this bill becomes law, there would be much stricter requirements for these placements. For example, children 12 and older would undergo screenings for gang activity and criminal history, and no unaccompanied child would be released on their own without a sponsor. Also, sponsors would need to be U.S. citizens or lawful permanent residents and pass extensive background checks, with detailed personal information shared with the Department of Homeland Security.

Key Provisions

Requires the Department of Health and Human Services to consult with Homeland Security and the Attorney General before placing unaccompanied children.
Mandates screenings for gang activity and criminal history for unaccompanied children aged 12 and older.
Bans releasing unaccompanied children on their own without a sponsor.
Requires certain unaccompanied children aged 12 and older, identified as risks, to be placed in secure facilities.
Blocks individuals who are not U.S. citizens or lawful permanent residents from sponsoring unaccompanied children.
Prohibits individuals with a wide range of serious criminal convictions (including sex offenses, trafficking, child abuse, and any felony) from sponsoring unaccompanied children.