H.R. 4371
Kayla Hamilton Act
Sponsor: Russell Fry
2 cosponsors
Official summary
Written by the Congressional Research Service.
Kayla Hamilton Act
This bill requires the Department of Health and Human Services (HHS) to consider additional information when it makes placement determinations for unaccompanied alien children in its custody. Under federal law, an unaccompanied alien child is a minor with no lawful immigration status and no parent or legal guardian in the United States to provide care and physical custody.
Current law requires HHS to (1) place a child in the least restrictive setting that is in the child's best interest, and (2) assess the safety and suitability of a sponsor prior to placing a child with that sponsor.
In determining the least restrictive setting, this bill requires (currently, permits) HHS to consider the child's danger to self, danger to the community, and flight risk. Additionally, the bill requires placement in a secure facility in the case of a child who is 13 years of age or older and has gang-related markings or tattoos or a history of gang-related arrests or criminal conduct.
In assessing the safety and suitability of a sponsor, this bill requires HHS to collect and provide to the Department of Homeland Security information about all adult residents of the household, including name, date of birth, Social Security number, immigration status, contact information, and the results of all background and criminal records checks. The bill also prohibits HHS from placing a child with a sponsor who is unlawfully present in the United States.
Text of the bill
Where this section came from
Not in the first version (Introduced in House, Jul 14, 2025).
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Oct 17, 2025 · Reported in House Marked up by House Committee on the Judiciary, Sep 10, 2025 Reported by House Committee on the Judiciary, Oct 17, 2025 Committee members' individual votes aren't in our records.
What is a markup?
A markup is a committee meeting where members go through a bill and vote on changes before sending it to the full chamber.
Section 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 children. The 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)).