S-3054 : Still Just a Bill

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The "Kayla Hamilton Act" aims to significantly enhance efforts to combat the trafficking of children, particularly affecting unaccompanied alien children (UACs) in federal custody.

Key provisions of this legislation include:

• Stricter Placement Determinations: The bill mandates that the Secretary of Health and Human Services (HHS) must undertake comprehensive initial actions before placing an unaccompanied alien child. These actions include consulting with the Secretary of Homeland Security and the Attorney General to assess flight risk, potential danger to self or community, and prior criminal offenses. For children 12 years of age or older, HHS is required to contact their country's consulate or embassy for criminal records and conduct screenings for gang-related tattoos or markings.
• Prohibition on Release on Own Recognizance: Unaccompanied alien children may no longer be released on their own recognizance.
• Mandatory Secure Facility Placement: The bill requires that unaccompanied alien children 12 years of age or older who are deemed a flight risk or a danger to themselves, others, or the community (including those with gang-related markings, serious criminal convictions, or aggravated felonies) be placed in a secure facility for the duration of their immigration proceedings and until their removal, if ordered.
• Expanded Placement Prohibitions: HHS is prohibited from placing an unaccompanied alien child with any individual who is not a U.S. citizen or lawful permanent resident. Furthermore, placement is forbidden with individuals who have been convicted of, or reside with someone convicted of, a wide range of serious crimes. This includes sex offenses, severe forms of trafficking, domestic violence, child abuse, murder, child pornography-related offenses, aggravated felonies, any felony, or any crime punishable by more than one year of imprisonment. The Attorney General also retains sole discretion to designate other prohibitive criminal offenses.
• Enhanced Information Sharing: Before placing a child, HHS must provide the Secretary of Homeland Security with detailed information about the proposed sponsor and all adult residents in their household. This includes names, social security or individual taxpayer identification numbers, dates of birth, addresses, immigration status, contact information, and the comprehensive results of all background and criminal records checks, including a national fingerprint-based criminal history check and a check of the Dru Sjodin National Sex Offender Public Website.

The legislation also includes provisions for immediate implementation, allowing relevant Secretaries to bypass certain administrative requirements if compliance would impede the swift application of the Act. These new requirements apply to all unaccompanied alien child release and custody determinations that are pending or occur on or after the date of enactment.

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