Kayla Hamilton Act

Key Points

• The bill requires the government to screen unaccompanied migrant children aged 12 and older for gang ties before placing them with a sponsor. This includes checking for gang tattoos, contacting their home country's embassy for criminal records, and determining if the child is a flight risk or danger to the community.
• Sponsors who take in unaccompanied migrant children must be U.S. citizens or lawful permanent residents. This is a major change from current policy, which allows relatives and other adults regardless of immigration status to serve as sponsors.
• Children aged 12 and older who are deemed a flight risk, a danger, or who have gang connections would be placed in secure detention facilities for the entire length of their immigration proceedings or until they are removed from the country.
• The bill bans placing a child with anyone convicted of serious crimes, including sex offenses, trafficking, domestic violence, child abuse, murder, or any felony. This also applies to other adults living in the sponsor's household.
• HHS must share detailed personal information about potential sponsors and all adults in their households with DHS before placing a child, including names, Social Security numbers, immigration status, and fingerprint-based criminal background check results.
• The bill exempts agencies from the Paperwork Reduction Act and the Administrative Procedure Act if officials determine that following those rules would slow down implementation, allowing the changes to take effect immediately upon enactment.