Kayla Hamilton Act
The Kayla Hamilton Act would amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to tighten protections around the placement of unaccompanied alien children (UACs) in U.S. custody. It makes the placement process more prescriptive by requiring the Secretary of Health and Human Services to consider, rather than merely consider, safety factors; adds additional safeguards for younger UACs (12 years old and younger); and expands information-sharing and background-check requirements with the Department of Homeland Security before placing a child. Notably, the bill imposes specific steps for cases involving UACs 12 and under, including consular contact to obtain criminal records and an examination for gang-related tattoos or markings, with the possibility of placing such a child in a secure facility if gang indicators or related concerns are found. It also introduces a prohibition on placing a child with an individual who is unlawfully present in the United States and requires DHS to receive detailed placement information and background-check results for all adults in the placement household.
Key Points
- 1Mandatory consideration in placements: The Secretary of Health and Human Services must consider safety factors in making placements, rather than having such considerations be optional.
- 2Additional safeguards for younger unaccompanied minors: For unaccompanied alien children 12 years old or younger, prior to placement the Secretary must contact the child’s consulate or embassy to request criminal records and examine the child for gang-related tattoos or markings. If gang indicators or related arrests/charges exist, the child must be placed in a secure facility (though the Secretary is not required to review every such secure placement under this clause).
- 3Placement with unlawfully present individuals prohibited: A child shall not be placed with an individual who is unlawfully present in the United States.
- 4Enhanced information-sharing with DHS: Before placing a child, HHS must provide DHS with detailed information about the placement individual and all adult residents of the household, including name, Social Security numbers, dates of birth, residence location, immigration status, contact information, and the results of background and criminal checks (including sex offender registry checks, public records checks, and FBI fingerprint-based criminal history checks).
- 5Expanded background checks: The required checks must at a minimum cover the sex offender registry, public records background checks, and FBI fingerprint-based criminal history checks for all adults in the placement household.