Kayla Hamilton Act
This bill significantly restricts who can take custody of unaccompanied immigrant children and mandates locked detention for certain youth. Children age 12 and older must undergo embassy criminal background checks and physical exams for gang tattoos, and those flagged for gang ties, criminal records, or flight risk must be held in secure facilities until their immigration cases end. To be released from federal custody, children could only be placed with sponsors who are U.S. citizens or lawful permanent residents and have no household members with serious criminal records. Before any placement, the government must provide the personal details and immigration statuses of all adults in the sponsor's household to the Department of Homeland Security.
What this bill touches.
Who it helps · who it burdens.
Who it burdens
- unaccompanied immigrant children age 12 and olderMust undergo physical examinations for gang-related tattoos or markings, have their foreign criminal records requested from their home country's embassy or consulate, and face mandatory placement in secure detention facilities for the duration of immigration proceedings if they are deemed flight risks, have gang markings, or have gang-related or serious criminal records.
- unaccompanied immigrant childrenAre prohibited from being released on their own recognizance and cannot be placed with prospective sponsors who are not U.S. citizens or lawful permanent residents, or whose household members have certain criminal convictions.
- prospective sponsors without U.S. citizenship or lawful permanent residencyAre disqualified from receiving custody of an unaccompanied immigrant child based on their lack of U.S. citizenship or lawful permanent resident status.
- prospective sponsors and their adult household membersMust have their names, Social Security numbers or ITINs, dates of birth, addresses, immigration status, contact information, and fingerprint-based background check results transmitted by HHS to the Department of Homeland Security prior to a child's placement.
- Department of Health and Human ServicesMust consult with DHS and DOJ, request foreign records from embassies, examine children age 12 and older for gang markings, and transmit detailed personal and background check information for prospective sponsors and adult household members to DHS before making placement determinations.
The provisions, in plain language.
Show all 7 provisions
Requires the Department of Health and Human Services to consult with the Department of Homeland Security and the Department of Justice before placing an unaccompanied immigrant child to evaluate flight risk, public safety danger, criminal history, and protection from human trafficking.
Directs the Department of Health and Human Services to examine unaccompanied immigrant children age 12 and older for gang-related tattoos and markings and to request foreign criminal and arrest records from their home country's embassy or consulate.
Mandates placing unaccompanied immigrant children age 12 and older in secure facilities for the duration of their immigration proceedings if they are flight risks, have gang tattoos, or have gang-related or serious criminal records.
Bars placing an unaccompanied immigrant child with any sponsor who is not a U.S. citizen or lawful permanent resident, or who has been convicted of—or lives with an adult convicted of—a felony or other specified crimes.
Requires the Department of Health and Human Services to transmit identifying details, immigration status, contact information, and fingerprint-based background check results for prospective sponsors and all adult household members to the Department of Homeland Security before releasing a child.
Prohibits the federal government from releasing any unaccompanied immigrant child on their own recognizance.
Exempts federal agencies from standard public notice-and-comment rulemaking and Paperwork Reduction Act requirements if agency heads determine compliance would delay immediate implementation.
Requires the Department of Health and Human Services to consult with the Department of Homeland Security and the Department of Justice before placing an unaccompanied immigrant child to evaluate flight risk, public safety danger, criminal history, and protection from human trafficking.
Directs the Department of Health and Human Services to examine unaccompanied immigrant children age 12 and older for gang-related tattoos and markings and to request foreign criminal and arrest records from their home country's embassy or consulate.
Mandates placing unaccompanied immigrant children age 12 and older in secure facilities for the duration of their immigration proceedings if they are flight risks, have gang tattoos, or have gang-related or serious criminal records.
Bars placing an unaccompanied immigrant child with any sponsor who is not a U.S. citizen or lawful permanent resident, or who has been convicted of—or lives with an adult convicted of—a felony or other specified crimes.
Requires the Department of Health and Human Services to transmit identifying details, immigration status, contact information, and fingerprint-based background check results for prospective sponsors and all adult household members to the Department of Homeland Security before releasing a child.
How your members of Congress line up
How members voted on Kayla Hamilton Act.
Recorded roll calls on this bill, most recent first. Open one to see each member's position.
How it moved.
Show all 22 actions
- Received in the Senate.
- The title of the measure was amended. Agreed to without objection.
- Motion to reconsider laid on the table Agreed to without objection.
- On passage Passed by the Yeas and Nays: 225 - 201 (Roll no. 340). (text of amendment in the nature of a substitute: CR H5921-5922)
- Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 201 (Roll no. 340). (text of amendment in the nature of a substitute: CR H5921-5922)
- On motion to recommit Failed by the Yeas and Nays: 208 - 218 (Roll no. 339).
- Considered as unfinished business. (consideration: CR H5933-5934)
- POSTPONED PROCEEDINGS - At the conclusion of debate H.R. 4371, the Chair put the question on motion to recommit and announced that the ayes had prevailed. Ms. Stansbury demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
- The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
- Ms. Stansbury moved to recommit to the Committee on the Judiciary. (text: CR H5927)
- The previous question was ordered pursuant to the rule.
- DEBATE - The House proceeded with one hour of debate on H.R. 4371.
- Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
- Considered under the provisions of rule H. Res. 951. (consideration: CR H5921-5927)
- Rule H. Res. 951 passed House.
- Rules Committee Resolution H. Res. 951 Reported to House. Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
- Placed on the Union Calendar, Calendar No. 297.
- Reported (Amended) by the Committee on Judiciary. H. Rept. 119-345.
- Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 13.
- Committee Consideration and Mark-up Session Held
- Referred to the House Committee on the Judiciary.
- Introduced in House
- Received in the Senate.
- The title of the measure was amended. Agreed to without objection.
- Motion to reconsider laid on the table Agreed to without objection.
- On passage Passed by the Yeas and Nays: 225 - 201 (Roll no. 340). (text of amendment in the nature of a substitute: CR H5921-5922)
- Passed/agreed to in House: On passage Passed by the Yeas and Nays: 225 - 201 (Roll no. 340). (text of amendment in the nature of a substitute: CR H5921-5922)
- On motion to recommit Failed by the Yeas and Nays: 208 - 218 (Roll no. 339).
- Rule H. Res. 951 passed House.
- Rules Committee Resolution H. Res. 951 Reported to House. Rule provides for consideration of H.R. 4776, H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632 and H.R. 4371. The resolution provides for consideration of H.R. 4776, under a structured rule and H.R. 1366, H.R. 845, H.R. 3616, H.R. 3632, and H.R. 4371 under a closed rule. The resolution provides one motion to recommit on each bill.
- Reported (Amended) by the Committee on Judiciary. H. Rept. 119-345.
- Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 13.
- Introduced in House
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Sources & provenance
Cite this page
Civic Herald. “Kayla Hamilton Act (H.R. 4371, 119th Congress).” https://civicherald.app/bills/119-hr-4371. Congress.gov record as of Jul 30, 2026.