The Kayla Hamilton Act mandates stricter placement determinations and enhanced vetting for unaccompanied alien children to ensure their safety and appearance at immigration proceedings.
Russell Fry
Representative
SC-7
The Kayla Hamilton Act significantly tightens the requirements for placing unaccompanied alien children in federal custody. It mandates extensive background checks and consultations with Homeland Security and the Attorney General before placement decisions are made. The bill also establishes stricter criteria for secure facility placement and prohibits placement with sponsors who have serious criminal histories. Furthermore, it exempts certain implementation procedures from standard administrative rulemaking requirements to ensure swift action.
| Party | Total Votes | Yes | No | Did Not Vote |
|---|---|---|---|---|
Democrat | 213 | 7 | 201 | 5 |
Republican | 220 | 218 | 0 | 2 |
Kayla Hamilton Act Mandates Secure Detention for UACs with Gang Tattoos, Exempts Agencies from Public Review
The Kayla Hamilton Act is a major overhaul of how the federal government handles the placement of unaccompanied alien children (UACs) who cross the border. Essentially, the bill tightens the screws on who can sponsor these children and significantly expands the criteria for placing minors into secure, long-term detention facilities.
The New Vetting Gauntlet for Sponsors
If you were thinking about sponsoring a child, get ready for the most intense background check imaginable. The bill mandates that the Secretary of Health and Human Services (HHS) cannot place a child until consulting with Homeland Security and the Attorney General (SEC. 3). This consultation is designed to ensure the child shows up to court and is protected from exploitation. But the biggest change is the list of prohibited sponsors.
Sponsors can no longer be anyone who isn't a U.S. citizen or a lawful permanent resident (LPR). This immediately cuts out a huge chunk of potential family members or community sponsors who might themselves be awaiting legal status. Beyond that, the disqualifying criminal list is massive, covering everything from sex offenses and aggravated felonies to any crime punishable by more than one year of imprisonment. Most concerning is the provision that grants the Attorney General “sole and unreviewable discretion” to designate any other criminal offense as disqualifying. That’s a massive amount of power concentrated in one office, defining who is fit to care for a child with zero oversight on the criteria.
The Data Dump: Who Lives in Your House?
Before placement, HHS must now share an incredible amount of personal data with Homeland Security about the sponsor and every adult resident in the household (SEC. 3). We’re talking names, addresses, immigration status, contact info, and, critically, Social Security numbers or Individual Taxpayer Identification Numbers (ITINs). This requirement, combined with mandatory checks against the National Sex Offender Public Website and national criminal history checks, creates a significant privacy risk and could be a massive deterrent for potential sponsors. If you’re a family member trying to help, having to hand over the SSN and immigration status of every adult in your house to DHS might make you think twice, potentially leaving more children stuck in federal shelters longer.
Secure Detention for Gang Markings and Flight Risks
For UACs aged 12 or older, the bill creates mandatory secure facility placement for the entire duration of their immigration proceedings if they meet certain criteria (SEC. 3). This includes being deemed a flight risk or a danger to themselves or the community. The definition of “danger” is broad and includes having a gang-related tattoo or marking, a conviction for a serious criminal offense in the U.S. or their home country, or simply having an arrest record or pending charge related to gang activity. For a 15-year-old who might have been forced into gang activity in their home country, this means mandatory, long-term secure detention, potentially cutting them off from family placement options and therapeutic care.
Bypassing Public Scrutiny
Perhaps the most unusual and critical provision is Section 5, which exempts the implementing agencies—HHS, DHS, and the Attorney General—from the Administrative Procedure Act (APA) and the Paperwork Reduction Act (PRA). The APA is the law that requires federal agencies to publish proposed rules and allow the public (you, me, advocacy groups, experts) to comment before they become final. By skipping the APA, these agencies can immediately implement new, drastic rules regarding child welfare and detention without any public notice or comment period. This is a huge reduction in transparency and oversight for rules that directly affect vulnerable children and the people trying to care for them. The bill also applies immediately to all pending and future custody decisions upon enactment (SEC. 6), meaning the new rules could disrupt ongoing placement efforts overnight.