H.R. 4371: Kayla Hamilton Act

Kayla Hamilton Act

This bill:

• Restricts Who Can Be a Sponsor (Status): Prohibits the government (HHS) from placing an unaccompanied alien child (UAC) with a sponsor who is unlawfully present in the United States.

• Restricts Who Can Be a Sponsor (Criminal History): Prohibits placing a UAC if the sponsor or any other adult living in the home has been convicted of a felony, sex crime, domestic violence, child abuse, or other serious offenses.

• Mandates Full Household Vetting: Requires HHS to conduct comprehensive criminal background checks on the sponsor and all other adults in the household and share all results with DHS.

• Mandates New Vetting for UACs: Requires screening for all UACs 12 and older, including:

  • Contacting their home country's consulate to check for any criminal records.

  • Conducting a physical examination for gang-related tattoos or markings.

• Requires Placement in Secure Facilities: Mandates that a UAC (12 or older) must be placed in a secure detention facility (instead of with a sponsor) if they are determined to be a flight risk, a danger to the community, or have a criminal record or gang affiliation.

• Forces Inter-Agency Consultation: Requires HHS to consult with the Department of Homeland Security (DHS) and the Department of Justice (DOJ) before placing a UAC to ensure they will show up for immigration court and be protected.

• Bans "Release on Recognizance": Explicitly prohibits UACs from being released on their own recognizance.