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.