HR 4371
Kayla Hamilton Act
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Bill overview
The Kayla Hamilton Act amends the William Wilberforce Trafficking Victims Protection Reauthorization Act to strengthen efforts to protect unaccompanied alien children (UACs) in the U.S. system. It requires the Department of Health and Human Services (HHS) to consider factors like a child’s safety and risk of flight when making placement decisions, and mandates the collection of detailed information about potential sponsors, including criminal background checks. Specifically, it requires HHS to consider gang-related markings and tattoos and prohibits placing a child with an unlawfully present adult resident.
Key provisions
- Requires HHS to consider a child’s danger to self, community, and flight risk when making placement decisions.
- Mandates the collection of detailed information about sponsors, including name, date of birth, Social Security number, immigration status, and criminal background checks.
- Requires HHS to contact the child’s country of origin or last residence consulate/embassy to obtain criminal records.
- Prohibits placing a child with an adult who is unlawfully present in the United States.
- Requires a secure facility placement for UACs 13 years or older with gang-related tattoos or markings or a history of gang-related criminal conduct.
- Requires HHS to conduct an examination of UACs 12 years or younger for gang-related tattoos and markings.
- Requires HHS to provide information about all adult residents of a sponsor’s household to the Department of Homeland Security.
- Specifies the types of background checks that must be conducted on potential sponsors.
Who is affected
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 4371
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to enhance efforts to combat the trafficking of children.
This Act may be cited as the Kayla Hamilton Act
.
Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended—
in paragraph (2)—
Subject to section 462(b)(2)and inserting
(i) In general.—Except as provided in clause (ii), subject to section 462(b)(2);
by striking In making such placements, the Secretary may consider
and inserting In making such placements, the Secretary shall consider
;
by striking A child shall not be placed
and inserting Except as provided in clause (ii), a child shall not be placed
; and
by adding at the end the following:
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
shall conduct an examination of the unaccompanied alien child for gang-related tattoos and other gang-related markings, and
Notwithstanding clause (i), the Secretary is not required to review the placement of an unaccompanied alien child in a secure facility under this clause.
in paragraph (3)—
in subparagraph (A)—
by striking Subject to the requirements of subparagraph (B)
and inserting Subject to the requirements of subparagraphs (B) and (D)
; and
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
by inserting at the end the following:
Before 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—
the name of the individual and all adult residents of the individual’s household;
the social security number of the individual and all adult residents of the individual’s household;
the date of birth of the individual and all adult residents of the individual’s household;
the location of the individual’s residence where the child will be placed;
the immigration status of the individual and all adult residents of the individual’s household;
contact information for the individual and all adult residents of the individual’s household; and
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.