119TH CONGRESS 
1ST SESSION H. R. 4371 
AN ACT 
To amend the William Wilberforce Trafficking Victims Pro-
tection Reauthorization Act of 2008 and the Homeland 
Security Act of 2002 to enhance efforts to combat the 
trafficking of children. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Kayla Hamilton Act’’. 
SEC. 2. PLACEMENT DETERMINATIONS FOR UNACCOM-
PANIED ALIEN CHILDREN. 
Section 462(b)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 279(b)(2)) is amended to read as follows: 
‘‘(2) PLACEMENT DETERMINATIONS FOR UNAC-
COMPANIED ALIEN CHILDREN.—The Director of the 
Office of Refugee Resettlement shall make deter-
minations under paragraph (1)(C) in accordance 
with section 235(c)(2) of the William Wilberforce 
Trafficking Victims Protection Reauthorization Act 
of 2008 (8 U.S.C. 1232(c)(2)).’’. 
SEC. 3. ENHANCING EFFORTS TO COMBAT THE TRAF-
FICKING OF CHILDREN. 
Section 235(c) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (8 U.S.C. 
1232(c)) is amended— 
(1) in paragraph (2), to read as follows: 
‘‘(2) SAFE AND SECURE PLACEMENTS.— 
‘‘(A) INITIAL ACTIONS.—The Secretary of 
Health and Human Services may not make a 
placement determination under this paragraph 
for an unaccompanied alien child who is in Fed-
eral custody by reason of the immigration sta-
tus of that child until the Secretary does the 
following: 
‘‘(i) CONSULTATIONS.—The Secretary 
of Health and Human Services shall con-
sult with the Secretary of Homeland Secu-
rity and the Attorney General (including 
appropriate juvenile justice officials)— 
‘‘(I) to ensure that the unaccom-
panied alien child will appear for all 
immigration, administrative, and judi-
cial hearings or proceedings in which 
the child is involved; 
‘‘(II) to ensure that the unaccom-
panied alien child will be protected 
from smugglers, traffickers, gangs, 
and others who might seek to vic-
timize or otherwise engage the child in 
criminal, harmful, or exploitative ac-
tivity; and 
‘‘(III) to determine if the unac-
companied alien child— 
‘‘(aa) is a flight risk; 
‘‘(bb) is a danger to self, an-
other individual, or the commu-
nity; or
‘‘(cc) has been arrested for, 
charged with, or convicted of any 
criminal offense in the United 
States or in his or her country of 
citizenship, nationality, or last 
habitual residence. 
‘‘(ii) SCREENING FOR GANG RELATED 
ACTIVITY; 
REQUIREMENT
TO
OBTAIN 
CRIMINAL
RECORDS.—In the case of an 
unaccompanied alien child 12 years of age 
or older, the Secretary of Health and 
Human Services shall— 
‘‘(I) contact the consulate or em-
bassy of the country of citizenship, 
nationality, or last habitual residence 
for the unaccompanied alien child to 
obtain any relevant arrest records, 
pending criminal charges, or convic-
tion documents involving such child; 
and 
‘‘(II) conduct an examination of 
the unaccompanied alien child to de-
termine if such child has any gang-re-
lated tattoos and other gang-related 
markings.
‘‘(B) PLACEMENT GENERALLY.— 
‘‘(i) IN GENERAL.—Except as other-
wise provided in this paragraph, an unac-
companied alien child who is in the custody 
of the Department of Health and Human 
Services shall be promptly placed in the 
least restrictive setting that is in the best 
interest of the child. 
‘‘(ii) PROHIBITION
ON
RELEASE
ON 
OWN RECOGNIZANCE.—An unaccompanied 
alien child may not be released on his or 
her own recognizance. 
‘‘(C) PLACEMENT OF CERTAIN UNACCOM-
PANIED ALIEN CHILDREN IN SECURE FACILI-
TIES.—In the case of an unaccompanied alien 
child 12 years of age or older, the unaccom-
panied alien child shall be placed in a secure fa-
cility for the duration of any immigration pro-
ceedings (and, if ordered removed, until such 
unaccompanied alien child is removed) if the 
unaccompanied alien child— 
‘‘(i) is a flight risk; or 
‘‘(ii) is a danger to self, other individ-
uals, or the community, including if the 
unaccompanied alien child—
‘‘(I) has a gang-related tattoo or 
any other gang-related marking; 
‘‘(II) has been convicted of a se-
rious criminal offense (as defined in 
section 101(h) of the Immigration and 
Nationality Act (8 U.S.C. 1101(h))) 
in any State or territory of the United 
States or in the unaccompanied alien 
child’s country of citizenship, nation-
ality, or last habitual residence; 
‘‘(III) has been convicted of any 
aggravated felony (as defined in sec-
tion 101(a)(43) of the Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(43)); or 
‘‘(IV) has, for conduct in connec-
tion with gang affiliation or gang ac-
tivity in any State or territory of the 
United States or in the unaccom-
panied alien child’s country of citizen-
ship, nationality, or last habitual resi-
dence— 
‘‘(aa) any arrest record; 
‘‘(bb) any pending criminal 
charge;
‘‘(cc) any other pending pro-
ceeding; or 
‘‘(dd) any conviction. 
‘‘(D) PROHIBITIONS
ON
PLACEMENT
OF 
UNACCOMPANIED ALIEN CHILDREN WITH CER-
TAIN INDIVIDUALS.—The Secretary of Health 
and Human Services shall not place an unac-
companied alien child in the custody of any in-
dividual who is one or more of the following: 
‘‘(i) SECURE
AND
STABLE
SPON-
SORS.—An individual who is not a United 
States citizen or a lawful permanent resi-
dent of the United States. 
‘‘(ii) INDIVIDUALS
WITH
CRIMINAL 
HISTORY.—An individual who has been 
convicted of, or who resides in a household 
with an individual who has been convicted 
of— 
‘‘(I) a sex offense (as defined in 
section 111(5) of the Sex Offender 
Registration and Notification Act (34 
U.S.C. 20911(5))); 
‘‘(II) a crime involving severe 
forms of trafficking in persons (as de-
fined in section 103(11) of the Traf-
ficking Victims Protection Act of 
2000 (22 U.S.C. 7102(11))); 
‘‘(III) a crime of domestic vio-
lence 
(as 
defined 
in 
section 
40002(a)(12) of the Violence Against 
Women Act of 1994 (34 U.S.C. 
12291(a)(12))); 
‘‘(IV) a crime of child abuse and 
neglect (as defined in section 3 of the 
Child Abuse Prevention and Treat-
ment Act (Public Law 93–247; 42 
U.S.C. 5101 note)); 
‘‘(V) murder, manslaughter, or 
an attempt to commit murder or man-
slaughter (as defined in sections 1111, 
1112, and 1113 of title 18, United 
States Code); 
‘‘(VI) a crime involving the re-
ceipt, distribution, or possession of a 
visual depiction of a minor engaging 
in sexually explicit conduct (as de-
scribed in section 2252 of title 18, 
United States Code); 
‘‘(VII) any crime for which an 
alien is required to be taken into cus-
tody pursuant to section 236(c)(1) of 
the Immigration and Nationality Act 
(8 U.S.C. 1226(c)(1)); 
‘‘(VIII) any aggravated felony (as 
defined in section 101 of the Immi-
gration and Nationality Act); 
‘‘(IX) any crime defined as a fel-
ony by the relevant jurisdiction (Fed-
eral, State, tribal, or local); 
‘‘(X) any crime punishable by 
more than 1 year of imprisonment; or 
‘‘(XI) any other criminal offense 
as designated by the Attorney Gen-
eral, in the Attorney General’s sole 
and unreviewable discretion.’’; and 
(2) in paragraph (3)— 
(A) in subparagraph (A), by striking ‘‘Sub-
ject to the requirements of subparagraph (B)’’ 
and inserting ‘‘Subject to the requirements of 
subparagraphs (B) and (D)’’; and 
(B) by inserting at the end the following: 
‘‘(D) INFORMATION
ABOUT
INDIVIDUALS 
WITH WHOM CHILDREN ARE PLACED.—Before 
placing a child with any individual, the Sec-
retary of Health and Human Services shall pro-
vide to the Secretary of Homeland Security, 
with regard to the individual with whom the 
child will be placed and each adult resident of 
the individual’s household, information on— 
‘‘(i) the name of the individual and 
each adult resident of the individual’s 
household; 
‘‘(ii) the social security number or in-
dividual taxpayer identification number of 
the individual and each adult resident of 
the individual’s household; 
‘‘(iii) the date of birth of the indi-
vidual and of each adult resident of the in-
dividual’s household; 
‘‘(iv) the physical location and address 
of the individual’s residence where the 
child will be placed; 
‘‘(v) the immigration status of the in-
dividual and each adult resident of the in-
dividual’s household; 
‘‘(vi) contact information for the indi-
vidual and for each adult resident of the 
individual’s household, including telephone 
numbers, email addresses, and work tele-
phone numbers (if available); and
‘‘(vii) the results of all background 
and criminal records checks conducted on 
the individual and each adult resident of 
the individual’s household, which shall in-
clude at a minimum an investigation of the 
Dru Sjodin National Sex Offender Public 
Website, a public records background 
check, and a national criminal history 
background check based on fingerprints.’’. 
SEC. 4. CONSTRUCTION; SEVERABILITY. 
Any provision of the this Act or an amendment made 
by this Act held to be invalid or unenforceable by its 
terms, or as applied to any person or circumstance, shall 
be construed so as to give it the maximum effect permitted 
by law, unless such holding shall be utterly invalid or un-
enforceable, in which event such provision shall be deemed 
severable from this Act and shall not affect the remainder 
of this Act, or the application of such provision to other 
persons not similarly situated or to other, dissimilar cir-
cumstances. 
SEC. 5. EXEMPTION FROM PAPERWORK REDUCTION ACT 
AND THE ADMINISTRATIVE PROCEDURE ACT. 
(a) PAPERWORK REDUCTION ACT.—Nothing in this 
Act may be construed to require the Secretary of Home-
land Security, the Secretary of Health and Human Serv-
ices, the Secretary of State, or the Attorney General to 
comply with the requirements of chapter 35 of title 44, 
United States Code (commonly referred to as the ‘‘Paper-
work Reduction Act’’) if such individuals determine that 
compliance would impede the immediate implementation 
of this Act or the amendments made by this Act. 
(b) ADMINISTRATIVE PROCEDURE ACT.—Nothing in 
this Act may be construed to require the Secretary of 
Homeland Security, the Secretary of Health and Human 
Services, the Secretary of State, or the Attorney General 
to promulgate regulations under subchapter II of chapter 
5 of title 5, United States Code (commonly referred to 
as the ‘‘Administrative Procedure Act’’), if such individ-
uals determine that compliance would impede the imme-
diate implementation of this Act or the amendments made 
by this Act. 
SEC. 6. EFFECTIVE DATE; APPLICABILITY. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act and the amendments made by this shall take 
effect on the date of the enactment of this Act. 
(b) APPLICABILITY.—This Act and the amendments 
made by this Act shall apply to any release and custody 
determinations for an unaccompanied alien child (as de-
fined in section 642(g)(2) of the Homeland Security Act 
of 2002), that are pending or occur on or after the date
of the enactment of this Act, and all release redetermina-
tions. 
Passed the House of Representatives December 16, 
2025. 
Attest: 
Clerk.
119TH CONGRESS 
1ST SESSION 
H. R. 4371 
AN ACT 
To amend the William Wilberforce Trafficking Vic-
tims Protection Reauthorization Act of 2008 and 
the Homeland Security Act of 2002 to enhance 
efforts to combat the trafficking of children.