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 determina-
tions under paragraph (1)(C) in accordance with sec-
tion 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 
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for an unaccompanied alien child who is in Fed-
eral custody by reason of the immigration status 
of that child until the Secretary does the fol-
lowing: 
‘‘(i) CONSULTATIONS.—The Secretary 
of Health and Human Services shall consult 
with the Secretary of Homeland Security 
and the Attorney General (including appro-
priate 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 victimize or 
otherwise engage the child in criminal, 
harmful, or exploitative activity; and 
‘‘(III) to determine if the unac-
companied alien child— 
‘‘(aa) is a flight risk; 
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‘‘(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 CRIMI-
NAL RECORDS.—In the case of an unaccom-
panied alien child 12 years of age or older, 
the Secretary of Health and Human Serv-
ices shall— 
‘‘(I) contact the consulate or em-
bassy of the country of citizenship, na-
tionality, or last habitual residence for 
the unaccompanied alien child to ob-
tain any relevant arrest records, pend-
ing criminal charges, or conviction 
documents involving such child; and 
‘‘(II) conduct an examination of 
the unaccompanied alien child to de-
termine if such child has any gang-re-
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lated tattoos and other gang-related 
markings. 
‘‘(B) PLACEMENT GENERALLY.— 
‘‘(i) IN GENERAL.—Except as otherwise 
provided in this paragraph, an unaccom-
panied 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 un-
accompanied alien child is removed) if the unac-
companied alien child— 
‘‘(i) is a flight risk; or 
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‘‘(ii) is a danger to self, other individ-
uals, or the community, including if the un-
accompanied alien child— 
‘‘(I) has a gang-related tattoo or 
any other gang-related marking; 
‘‘(II) has been convicted of a seri-
ous criminal offense (as defined in sec-
tion 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 unaccompanied 
alien child’s country of citizenship, na-
tionality, or last habitual residence— 
‘‘(aa) any arrest record; 
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‘‘(bb) any pending criminal 
charge; 
‘‘(cc) any other pending pro-
ceeding; or 
‘‘(dd) any conviction. 
‘‘(D) PROHIBITIONS ON PLACEMENT OF UN-
ACCOMPANIED ALIEN CHILDREN WITH CERTAIN 
INDIVIDUALS.—The Secretary of Health and 
Human Services shall not place an unaccom-
panied alien child in the custody of any indi-
vidual 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 Reg-
istration and Notification Act (34 
U.S.C. 20911(5))); 
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