Kayla Hamilton Act

119 HR 4371 EH: Kayla Hamilton Act U.S. House of Representatives text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IB 119th CONGRESS1st Session H. R. 4371

IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 and the Homeland Security Act of 2002 to enhance efforts to combat the trafficking of children.

1.Short titleThis Act may be cited as the Kayla Hamilton Act.

2.Placement determinations for unaccompanied alien childrenSection 462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(2)) is amended to read as follows: (2)Placement determinations for unaccompanied alien childrenThe Director of the Office of Refugee Resettlement shall make determinations under paragraph (1)(C) in accordance with section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2))..

3.Enhancing efforts to combat the trafficking of childrenSection 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended— (1)in paragraph (2), to read as follows: (2)Safe and secure placements (A)Initial actionsThe Secretary of Health and Human Services may not make a placement determination under this paragraph for an unaccompanied alien child who is in Federal custody by reason of the immigration status of that child until the Secretary does the following: (i)ConsultationsThe Secretary of Health and Human Services shall consult with the Secretary of Homeland Security and the Attorney General (including appropriate juvenile justice officials)— (I)to ensure that the unaccompanied alien child will appear for all immigration, administrative, and judicial hearings or proceedings in which the child is involved; (II)to ensure that the unaccompanied alien child will be protected from smugglers, traffickers, gangs, and others who might seek to victimize or otherwise engage the child in criminal, harmful, or exploitative activity; and (III)to determine if the unaccompanied alien child— (aa)is a flight risk; (bb)is a danger to self, another individual, or the community; or (cc)has been arrested for, charged with, or convicted of any criminal offense in the United States or in his or her country of citizenship, nationality, or last habitual residence. (ii)Screening for gang related activity; requirement to obtain criminal recordsIn the case of an unaccompanied alien child 12 years of age or older, the Secretary of Health and Human Services shall— (I)contact the consulate or embassy of the country of citizenship, nationality, or last habitual residence for the unaccompanied alien child to obtain any relevant arrest records, pending criminal charges, or conviction documents involving such child; and (II)conduct an examination of the unaccompanied alien child to determine if such child has any gang-related tattoos and other gang-related markings. (B)Placement generally (i)In generalExcept as otherwise provided in this paragraph, an unaccompanied alien child who is in the custody of the Department of Health and Human Services shall be promptly placed in the least restrictive setting that is in the best interest of the child. (ii)Prohibition on release on own recognizanceAn unaccompanied alien child may not be released on his or her own recognizance. (C)Placement of certain unaccompanied alien children in secure facilitiesIn the case of an unaccompanied alien child 12 years of age or older, the unaccompanied alien child shall be placed in a secure facility for the duration of any immigration proceedings (and, if ordered removed, until such unaccompanied alien child is removed) if the unaccompanied alien child— (i)is a flight risk; or (ii)is a danger to self, other individuals, or the community, including if the unaccompanied alien child— (I)has a gang-related tattoo or any other gang-related marking; (II)has been convicted of a serious criminal offense (as defined in section 101(h) of the Immigration and Nationality Act (8 U.S.C. 1101(h))) in any State or territory of the United States or in the unaccompanied alien child’s country of citizenship, nationality, or last habitual residence; (III)has been convicted of any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (IV)has, for conduct in connection with gang affiliation or gang activity in any State or territory of the United States or in the unaccompanied alien child’s country of citizenship, nationality, or last habitual residence— (aa)any arrest record; (bb)any pending criminal charge; (cc)any other pending proceeding; or (dd)any conviction. (D)Prohibitions on placement of unaccompanied alien children with certain individualsThe Secretary of Health and Human Services shall not place an unaccompanied alien child in the custody of any individual who is one or more of the following: (i)Secure and stable sponsorsAn individual who is not a United States citizen or a lawful permanent resident of the United States. (ii)Individuals with criminal historyAn individual who has been convicted of, or who resides in a household with an individual who has been convicted of— (I)a sex offense (as defined in section 111(5) of the Sex Offender Registration and Notification Act (34 U.S.C. 20911(5))); (II)a crime involving severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11))); (III)a crime of domestic violence (as defined in section 40002(a)(12) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)(12))); (IV)a crime of child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; 42 U.S.C. 5101 note)); (V)murder, manslaughter, or an attempt to commit murder or manslaughter (as defined in sections 1111, 1112, and 1113 of title 18, United States Code); (VI)a crime involving the receipt, distribution, or possession of a visual depiction of a minor engaging in sexually explicit conduct (as described in section 2252 of title 18, United States Code); (VII)any crime for which an alien is required to be taken into custody pursuant to section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)); (VIII)any aggravated felony (as defined in section 101 of the Immigration and Nationality Act); (IX)any crime defined as a felony by the relevant jurisdiction (Federal, State, tribal, or local); (X)any crime punishable by more than 1 year of imprisonment; or (XI)any other criminal offense as designated by the Attorney General, in the Attorney General’s sole and unreviewable discretion.; and (2)in paragraph (3)— (A)in subparagraph (A), by striking Subject to the requirements of subparagraph (B) and inserting Subject to the requirements of subparagraphs (B) and (D); and (B)by inserting at the end the following: (D)Information about individuals with whom children are placedBefore placing a child with any individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, with regard to the individual with whom the child will be placed and each adult resident of the individual’s household, information on— (i)the name of the individual and each adult resident of the individual’s household; (ii)the social security number or individual taxpayer identification number of the individual and each adult resident of the individual’s household; (iii)the date of birth of the individual and of each adult resident of the individual’s household; (iv)the physical location and address of the individual’s residence where the child will be placed; (v)the immigration status of the individual and each adult resident of the individual’s household; (vi)contact information for the individual and for each adult resident of the individual’s household, including telephone numbers, email addresses, and work telephone numbers (if available); and (vii)the results of all background and criminal records checks conducted on the individual and each adult resident of the individual’s household, which shall include at a minimum an investigation of the Dru Sjodin National Sex Offender Public Website, a public records background check, and a national criminal history background check based on fingerprints..

4.Construction; severabilityAny provision of the this Act or an amendment made by this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be utterly invalid or unenforceable, in which event such provision shall be deemed severable from this Act and shall not affect the remainder of this Act, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

5.Exemption from Paperwork Reduction Act and the Administrative Procedure Act (a)Paperwork reduction actNothing in this Act may be construed to require the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of State, or the Attorney General to comply with the requirements of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act) if such individuals determine that compliance would impede the immediate implementation of this Act or the amendments made by this Act. (b)Administrative procedure actNothing in this Act may be construed to require the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of State, or the Attorney General to promulgate regulations under subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act), if such individuals determine that compliance would impede the immediate implementation of this Act or the amendments made by this Act.

6.Effective date; applicability (a)In generalExcept as provided in subsection (b), this Act and the amendments made by this shall take effect on the date of the enactment of this Act. (b)ApplicabilityThis Act and the amendments made by this Act shall apply to any release and custody determinations for an unaccompanied alien child (as defined in section 642(g)(2) of the Homeland Security Act of 2002), that are pending or occur on or after the date of the enactment of this Act, and all release redeterminations. Passed the House of Representatives December 16, 2025.Kevin F. McCumber,Clerk.

119 HR 4371 IH: Kayla Hamilton Act U.S. House of Representatives 2025-07-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. I119th CONGRESS1st SessionH. R. 4371IN THE HOUSE OF REPRESENTATIVESJuly 14, 2025Mr. Fry (for himself, Mr. Nehls, and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to enhance efforts to combat the trafficking of children.

1.Short titleThis Act may be cited as the Kayla Hamilton Act.

2.Enhancing efforts to combat the trafficking of childrenSection 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended— (1)in paragraph (2)— (A)by striking Subject to section 462(b)(2) and inserting (i) In general.—Except as provided in clause (ii), subject to section 462(b)(2); (B)by striking In making such placements, the Secretary may consider and inserting In making such placements, the Secretary shall consider; (C)by striking A child shall not be placed and inserting Except as provided in clause (ii), a child shall not be placed; and (D)by adding at the end the following: (ii)Additional safeguardsExcept in the case of a unaccompanied alien child who is 12 years of age or younger— (I)prior to making a placement under clause (i), the Secretary shall— (aa)contact the consulate or embassy of the country of nationality or last habitual residence of an unaccompanied alien child in the custody of the Secretary of Health and Human Services to request such unaccompanied alien child’s criminal record; and (bb)shall conduct an examination of the unaccompanied alien child for gang-related tattoos and other gang-related markings, and (II)if the Secretary determines that the unaccompanied alien child has a gang-related tattoo, any other gang-related marking, or an arrest record, pending criminal charge, or conviction in his or her country of nationality or last habitual residence relating to gang affiliation or activity, the unaccompanied alien child shall be placed in a secure facility.Notwithstanding clause (i), the Secretary is not required to review the placement of an unaccompanied alien child in a secure facility under this clause. ; and (2)in paragraph (3)— (A)in subparagraph (A)— (i)by striking Subject to the requirements of subparagraph (B) and inserting Subject to the requirements of subparagraphs (B) and (D); and (ii)by inserting at the end the following: A child shall not be placed with an individual who is unlawfully present in the United States.; and (B)by inserting at the end the following: (D)Information about individuals with whom children are placedBefore placing a child with an individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, regarding the individual with whom the child will be placed and all adult residents of the individual’s household, information on— (i)the name of the individual and all adult residents of the individual’s household; (ii)the social security number of the individual and all adult residents of the individual’s household; (iii)the date of birth of the individual and all adult residents of the individual’s household; (iv)the location of the individual’s residence where the child will be placed; (v)the immigration status of the individual and all adult residents of the individual’s household; (vi)contact information for the individual and all adult residents of the individual’s household; and (vii)the results of all background and criminal records checks for the individual and all adult residents of the individual’s household, which shall include at a minimum an investigation of public records sex offender registry conducted through the U.S. Department of Justice National Sex Offender public website, a public records background check, and Federal Bureau of Investigation National Criminal history check based on fingerprints..

93 HR 4371 RH: Kayla Hamilton Act U.S. House of Representatives 2025-10-17 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IBUnion Calendar No. 297119th CONGRESS1st SessionH. R. 4371[Report No. 119–345]IN THE HOUSE OF REPRESENTATIVESJuly 14, 2025Mr. Fry (for himself, Mr. Nehls, and Mr. Moore of Alabama) introduced the following bill; which was referred to the Committee on the JudiciaryOctober 17, 2025Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor text of introduced bill, see copy of bill as introduced on July 14, 2025A BILLTo amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to enhance efforts to combat the trafficking of children.1.Short titleThis Act may be cited as the Kayla Hamilton Act.2.Placement determinations for unaccompanied alien childrenSection 462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(2)) is amended to read as follows:(2)Placement determinations for unaccompanied alien childrenThe Director of the Office of Refugee Resettlement shall make determinations under paragraph (1)(C) in accordance with section 235(c)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2))..3.Enhancing efforts to combat the trafficking of childrenSection 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended—(1)in paragraph (2), to read as follows:(2)Safe and secure placements(A)Initial actionsThe Secretary of Health and Human Services may not make a placement determination under this paragraph for an unaccompanied alien child who is in Federal custody by reason of the immigration status of that child until the Secretary does the following:(i)ConsultationsThe Secretary of Health and Human Services shall consult with the Secretary of Homeland Security and the Attorney General (including appropriate juvenile justice officials)—(I)to ensure that the unaccompanied alien child will appear for all immigration, administrative, and judicial hearings or proceedings in which the child is involved;(II)to ensure that the unaccompanied alien child will be protected from smugglers, traffickers, gangs, and others who might seek to victimize or otherwise engage the child in criminal, harmful, or exploitative activity; and(III)to determine if the unaccompanied alien child—(aa)is a flight risk; (bb)is a danger to self, another individual, or the community; or(cc)has been arrested for, charged with, or convicted of any criminal offense in the United States or in his or her country of citizenship, nationality, or last habitual residence.(ii)Screening for gang related activity; requirement to obtain criminal recordsIn the case of an unaccompanied alien child 12 years of age or older, the Secretary of Health and Human Services shall—(I)contact the consulate or embassy of the country of citizenship, nationality, or last habitual residence for the unaccompanied alien child to obtain any relevant arrest records, pending criminal charges, or conviction documents involving such child; and(II)conduct an examination of the unaccompanied alien child to determine if such child has any gang-related tattoos and other gang-related markings.(B)Placement generally(i)In generalExcept as otherwise provided in this paragraph, an unaccompanied alien child who is in the custody of the Department of Health and Human Services shall be promptly placed in the least restrictive setting that is in the best interest of the child. (ii)Prohibition on release on own recognizanceAn unaccompanied alien child may not be released on his or her own recognizance.(C)Placement of certain unaccompanied alien children in secure facilitiesIn the case of an unaccompanied alien child 12 years of age or older, the unaccompanied alien child shall be placed in a secure facility for the duration of any immigration proceedings (and, if ordered removed, until such unaccompanied alien child is removed) if the unaccompanied alien child—(i)is a flight risk; or(ii)is a danger to self, other individuals, or the community, including if the unaccompanied alien child—(I)has a gang-related tattoo or any other gang-related marking;(II)has been convicted of a serious criminal offense (as defined in section 101(h) of the Immigration and Nationality Act (8 U.S.C. 1101(h))) in any State or territory of the United States or in the unaccompanied alien child’s country of citizenship, nationality, or last habitual residence;(III)has been convicted of any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)); or (IV)has, for conduct in connection with gang affiliation or gang activity in any State or territory of the United States or in the unaccompanied alien child’s country of citizenship, nationality, or last habitual residence—(aa)any arrest record;(bb)any pending criminal charge;(cc)any other pending proceeding; or(dd)any conviction.(D)Prohibitions on placement of unaccompanied alien children with certain individualsThe Secretary of Health and Human Services shall not place an unaccompanied alien child in the custody of any individual who is one or more of the following:(i)Secure and stable sponsorsAn individual who is not a United States citizen or a lawful permanent resident of the United States.(ii)Individuals with criminal historyAn individual who has been convicted of, or who resides in a household with an individual who has been convicted of—(I)a sex offense (as defined in section 111(5) of the Sex Offender Registration and Notification Act (34 U.S.C. 20911(5)));(II)a crime involving severe forms of trafficking in persons (as defined in section 103(11) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(11)));(III)a crime of domestic violence (as defined in section 40002(a)(12) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(a)(12)));(IV)a crime of child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (Public Law 93–247; 42 U.S.C. 5101 note));(V)murder, manslaughter, or an attempt to commit murder or manslaughter (as defined in sections 1111, 1112, and 1113 of title 18, United States Code);(VI)a crime involving the receipt, distribution, or possession of a visual depiction of a minor engaging in sexually explicit conduct (as described in section 2252 of title 18, United States Code);(VII)any crime for which an alien is required to be taken into custody pursuant to section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1));(VIII)any aggravated felony (as defined in section 101 of the Immigration and Nationality Act);(IX)any crime defined as a felony by the relevant jurisdiction (Federal, State, tribal, or local);(X)any crime punishable by more than 1 year of imprisonment; or(XI)any other criminal offense as designated by the Attorney General, in the Attorney General’s sole and unreviewable discretion.; and(2)in paragraph (3)—(A)in subparagraph (A), by striking Subject to the requirements of subparagraph (B) and inserting Subject to the requirements of subparagraphs (B) and (D); and(B)by inserting at the end the following:(D)Information about individuals with whom children are placedBefore placing a child with any individual, the Secretary of Health and Human Services shall provide to the Secretary of Homeland Security, with regard to the individual with whom the child will be placed and each adult resident of the individual’s household, information on—(i)the name of the individual and each adult resident of the individual’s household;(ii)the social security number or individual taxpayer identification number of the individual and each adult resident of the individual’s household;(iii)the date of birth of the individual and of each adult resident of the individual’s household;(iv)the physical location and address of the individual’s residence where the child will be placed;(v)the immigration status of the individual and each adult resident of the individual’s household;(vi)contact information for the individual and for each adult resident of the individual’s household, including telephone numbers, email addresses, and work telephone numbers (if available); and(vii)the results of all background and criminal records checks conducted on the individual and each adult resident of the individual’s household, which shall include at a minimum an investigation of the Dru Sjodin National Sex Offender Public Website, a public records background check, and a national criminal history background check based on fingerprints..4.Construction; severabilityAny provision of the this Act or an amendment made by this Act held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be utterly invalid or unenforceable, in which event such provision shall be deemed severable from this Act and shall not affect the remainder of this Act, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.5.Exemption from Paperwork Reduction Act and the Administrative Procedure Act(a)Paperwork reduction actNothing in this Act may be construed to require the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of State, or the Attorney General to comply with the requirements of chapter 35 of title 44, United States Code (commonly referred to as the Paperwork Reduction Act) if such individuals determine that compliance would impede the immediate implementation of this Act or the amendments made by this Act.(b)Administrative procedure actNothing in this Act may be construed to require the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of State, or the Attorney General to promulgate regulations under subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act), if such individuals determine that compliance would impede the immediate implementation of this Act or the amendments made by this Act.6.Effective date; applicability(a)In generalExcept as provided in subsection (b), this Act and the amendments made by this shall take effect on the date of the enactment of this Act.(b)ApplicabilityThis Act and the amendments made by this Act shall apply to any release and custody determinations for an unaccompanied alien child (as defined in section 642(g)(2) of the Homeland Security Act of 2002), that are pending or occur on or after the date of the enactment of this Act, and all release redeterminations.Amend the title so as to read: A bill to amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 and the Homeland Security Act of 2002 to enhance efforts to combat the trafficking of children..October 17, 2025Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed