Sponsors (12)
Last progress October 23, 2025 (3 months ago)
Introduced on October 23, 2025 by John Cornyn
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Kayla Hamilton Act
Updated 8 hours ago
Last progress December 17, 2025 (1 month ago)
Rewrites federal rules for how unaccompanied alien children are screened and placed by requiring the Office of Refugee Resettlement (ORR) Director to make placement decisions under the statutory standard in 8 U.S.C. 1232(c)(2). It requires HHS to consult with DHS and the Attorney General before placements, collect criminal-history information and gang-screening information for older children, and bar or limit placements with certain individuals (including people with specified criminal histories and some noncitizens). The changes apply immediately on enactment to pending and future release, custody, and redetermination decisions, and certain senior officials may waive normal paperwork and rulemaking processes to implement the law quickly.
Amends Section 462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(b)(2)) by replacing its text with the new provision on placement determinations for unaccompanied alien children.
Requires the Director of the Office of Refugee Resettlement to make the placement determinations described in 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)).
Amends Section 235(c) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (codified at 8 U.S.C. 1232(c)). The text of paragraph (2) and paragraph (3) is changed to add new requirements for placement and information sharing.
Before making a placement determination for an unaccompanied alien child in federal custody, the Secretary of Health and Human Services (HHS) must consult with the Secretary of Homeland Security and the Attorney General (including appropriate juvenile justice officials) to: ensure the child will appear for immigration/administrative/judicial hearings; ensure protection from smugglers, traffickers, gangs, or others who might victimize the child; and determine other relevant factors.
For an unaccompanied alien child 12 years of age or older, HHS must contact the child's consulate or embassy to obtain any relevant arrest records, pending criminal charges, or conviction documents, and must examine the child for gang-related tattoos and other gang-related markings.
Who is affected and how:
Unaccompanied alien children: Will be subject to stronger screening and may experience longer waits before placement while agencies complete checks; placement options may be more limited if proposed sponsors or household members are disqualified.
Proposed sponsors and adult household members (including family or other intended caretakers): Will face more extensive background checks and must provide criminal-history and other information; some people with certain criminal histories or noncitizen status may be disqualified from hosting a child.
HHS/ORR staff and operations: Must implement new screening steps, coordinate with DHS and DOJ, collect and transmit more data, and apply the statutory placement standard; this increases workload and may require procedural changes and staff time.
DHS and the Department of Justice: Will be required to consult on placement decisions and will receive additional background information to inform suitability determinations.
Immigration-case outcomes and custodial settings: Because the rule applies to pending and future cases, some release decisions and redeterminations may be reopened or changed; more restrictive placement rules could increase time children remain in federal custody or in temporary care while sponsors are vetted.
Legal and administrative review: The waiver of APA/PRA processes allows faster implementation but reduces public notice and rulemaking scrutiny, which could prompt legal challenges; severability aims to limit disruption if parts are invalidated.
Net effect: Greater protection and vetting designed to reduce placements that pose safety risks, but operational burdens, longer processing times, and potential litigation risk are likely as agencies adjust to new requirements.