Kayla Hamilton Act

Bill: 119-hr-4371
Sponsor: full_name: Rep. Fry, Russell [R-SC-7]
Introduced: 2025-07-14
Policy area: Crime and Law Enforcement
Subjects: Border security and unlawful immigration

Child safety and welfare

Detention of persons

Human trafficking

Immigration status and procedures

Juvenile crime and gang violence

Smuggling and trafficking
Latest action: action_date: 2025-09-10
text: Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 13.

Summaries:
action_date: 2025-07-14
action_desc: Introduced in House
text: <p><strong>Kayla Hamilton Act</strong></p><p>This bill requires the Department of Health and Human Services (HHS) to consider additional information when it makes placement determinations for unaccompanied alien children in its custody. Under federal law, an <em>unaccompanied alien child</em> is a minor with no lawful immigration status and no parent or legal guardian in the United States to provide care and physical custody.</p><p>Current law&nbsp;requires&nbsp;HHS to (1) place a child in the least restrictive setting that is in the child's best interest, and (2) assess the safety and suitability of a sponsor prior to placing a child with that sponsor.&nbsp;</p><p>In determining the least restrictive setting, this bill requires (currently, permits) HHS to consider the child's danger to self, danger to the community, and flight risk. Additionally, the bill requires placement in a secure facility in the case of a child who is 13 years of age or older and has gang-related markings or tattoos or a history of gang-related arrests or criminal conduct.</p><p>In assessing the safety and suitability of a sponsor, this bill requires&nbsp;HHS to collect and provide to the Department of Homeland Security information about all adult residents of the household, including name, date of birth, Social Security number, immigration status, contact information, and the results of all background and criminal records checks. The bill also&nbsp;prohibits HHS from placing a child with a sponsor who is&nbsp;unlawfully present in the United States.&nbsp;</p>

tv_txt: I 119th CONGRESS 1st Session H. R. 4371 IN THE HOUSE OF REPRESENTATIVES July 14, 2025 Mr. Fry (for himself, Mr. Nehls , and Mr. Moore of Alabama ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to enhance efforts to combat the trafficking of children.

1. Short title This Act may be cited as the Kayla Hamilton Act . 2. Enhancing efforts to combat the trafficking 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)— (A) by striking Subject to section 462(b)(2) and inserting (i) In general.— Except as provided in clause (ii), subject to section 462(b)(2) ; (B) by striking In making such placements, the Secretary may consider and inserting In making such placements, the Secretary shall consider ; (C) by striking A child shall not be placed and inserting Except as provided in clause (ii), a child shall not be placed ; and (D) by adding at the end the following: (ii) Additional safeguards Except in the case of a unaccompanied alien child who is 12 years of age or younger— (I) prior to making a placement under clause (i), the Secretary shall— (aa) contact the consulate or embassy of the country of nationality or last habitual residence of an unaccompanied alien child in the custody of the Secretary of Health and Human Services to request such unaccompanied alien child’s criminal record; and (bb) shall conduct an examination of the unaccompanied alien child for gang-related tattoos and other gang-related markings, and (II) if the Secretary determines that the unaccompanied alien child has a gang-related tattoo, any other gang-related marking, or an arrest record, pending criminal charge, or conviction in his or her country of nationality or last habitual residence relating to gang affiliation or activity, the unaccompanied alien child shall be placed in a secure facility. Notwithstanding clause (i), the Secretary is not required to review the placement of an unaccompanied alien child in a secure facility under this clause. ; and (2) in paragraph (3)— (A) in subparagraph (A)— (i) by striking Subject to the requirements of subparagraph (B) and inserting Subject to the requirements of subparagraphs (B) and (D) ; and (ii) by inserting at the end the following: A child shall not be placed with an individual who is unlawfully present in the United States. ; and (B) by inserting at the end the following: (D) Information about individuals with whom children are placed Before placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed and all adult residents of the individual’s household, information on— (i) the name of the individual and all adult residents of the individual’s household; (ii) the social security number of the individual and all adult residents of the individual’s household; (iii) the date of birth of the individual and all adult residents of the individual’s household; (iv) the location of the individual’s residence where the child will be placed; (v) the immigration status of the individual and all adult residents of the individual’s household; (vi) contact information for the individual and all adult residents of the individual’s household; and (vii) the results of all background and criminal records checks for the individual and all adult residents of the individual’s household, which shall include at a minimum an investigation of public records sex offender registry conducted through the U.S. Department of Justice National Sex Offender public website, a public records background check, and Federal Bureau of Investigation National Criminal history check based on fingerprints. .