Kayla Hamilton Act Mandates Extensive Vetting for Migrant Children Sponsors, Requires SSN/ITIN Sharing with DHS

The Kayla Hamilton Act dramatically overhauls how the federal government vets and places unaccompanied alien children (UACs) who arrive in the U.S. and are taken into custody by the Department of Health and Human Services (HHS). The core change requires HHS to consult extensively with the Department of Homeland Security (DHS) and the Attorney General (DOJ) before placing a child. These consultations must confirm the child will attend all required immigration hearings and be protected from exploitation by smugglers, traffickers, or gangs (SEC. 3).

The New Vetting Gauntlet for Sponsors

If you have family who might sponsor a child, this bill introduces massive hurdles. The Act places strict limits on who can take custody of a UAC. First, the sponsor must be a U.S. citizen or a lawful permanent resident (LPR). If your cousin or aunt is here legally but doesn't have LPR status yet, they are automatically disqualified from sponsoring a child (SEC. 3). Second, the bill creates a long list of disqualifying crimes for sponsors and anyone else living in their household—including sex offenses, domestic violence, child abuse, murder, and even certain felonies punishable by over a year in prison. The Attorney General is also given "sole and unreviewable discretion" to designate additional disqualifying crimes, which is a significant expansion of executive power without any clear checks (SEC. 3).

Data Sharing and Privacy Concerns

Perhaps the most intense part of the Act is the mandatory information sharing. Before any placement, HHS must now share an extensive dossier with DHS about the sponsor and every adult in their household. This isn't just a basic background check; it includes their name, date of birth, physical address, immigration status, and—critically—their Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). This information is then used to run a detailed check, including a national criminal history background check based on fingerprints (SEC. 3). For people already nervous about sharing sensitive personal data with the government, this requirement for SSN/ITIN sharing with DHS could easily discourage legitimate family members from coming forward, potentially leaving more children in federal custody for longer periods.

Secure Facilities and the Gang-Related Tattoo Clause

The Act also tightens the rules for the children themselves. UACs can no longer be released on their own recognizance. More importantly, children aged 12 or older must be placed in a secure facility for the duration of their immigration proceedings if they are deemed a flight risk, a danger to the community, or if they have "gang-related tattoos or other gang-related markings." For these children, HHS must also contact the child’s home country consulate to get any relevant criminal records (SEC. 3). This provision is concerning because a "gang-related marking" can be subjective and easily misinterpreted, potentially leading to the extended detention of children who might otherwise be placed in less restrictive settings.

Bypassing the Bureaucracy

Finally, the bill includes a provision that allows the Secretaries of Homeland Security, Health and Human Services, State, and the Attorney General to skip two major federal regulatory procedures: the Paperwork Reduction Act and the Administrative Procedure Act (APA). They can do this if they decide that following those rules would delay the "immediate implementation" of this Act (SEC. 5). The APA is the standard process that requires federal agencies to publish proposed rules and take public comment before implementing them. Bypassing this process means the public, advocacy groups, and even state and local governments won't get a chance to weigh in on how these massive changes are rolled out, potentially leading to rushed, opaque implementation of rules that affect vulnerable children and their families.