Kayla Hamilton Act
Kayla Hamilton Act
Plain Language Summary
# Kayla Hamilton Act Summary **What the bill does:** The Kayla Hamilton Act changes how the Department of Health and Human Services (HHS) handles unaccompanied immigrant children in its care. It requires HHS to consider whether a child poses a danger to themselves or others, or might flee, when deciding where to place them. The bill also mandates that children age 13 and older with gang-related tattoos, gang affiliations, or criminal histories be placed in secure facilities rather than less restrictive settings. **Who it affects:** The law applies to unaccompanied immigrant minors (children with no legal immigration status and no parent or guardian in the U.S.).
It also affects potential sponsors—typically relatives or family friends—who might take in these children, as HHS must continue assessing their suitability. **Current status:** The bill passed the House of Representatives and is named after Kayla Hamilton, a case that apparently prompted lawmakers to focus on child safety and community protection concerns within the immigration system. The bill represents a shift toward more restrictive placements for certain minors, emphasizing safety considerations alongside the existing requirement to place children in the "least restrictive" appropriate setting.
CRS Official Summary
Kayla Hamilton ActThis bill requires the Department of Health and Human Services (HHS) to consider additional information when it makes placement determinations for unaccompanied alien children in its custody. Under federal law, an unaccompanied alien child is a minor with no lawful immigration status and no parent or legal guardian in the United States to provide care and physical custody.Current law requires HHS to (1) place a child in the least restrictive setting that is in the child's best interest, and (2) assess the safety and suitability of a sponsor prior to placing a child with that sponsor. In determining the least restrictive setting, this bill requires (currently, permits) HHS to consider the child's danger to self, danger to the community, and flight risk. Additionally, the bill requires placement in a secure facility in the case of a child who is 13 years of age or older and has gang-related markings or tattoos or a history of gang-related arrests or criminal conduct.In assessing the safety and suitability of a sponsor, this bill requires HHS to collect and provide to the Department of Homeland Security information about all adult residents of the household, including name, date of birth, Social Security number, immigration status, contact information, and the results of all background and criminal records checks. The bill also prohibits HHS from placing a child with a sponsor who is unlawfully present in the United States.
Latest Action
Received in the Senate.