H.R. 4371: Kayla Hamilton Act

The Kayla Hamilton Act, H.R. 4371, would change how the Department of Health and Human Services decides where to place unaccompanied children, meaning minors with no lawful immigration status and no parent or legal guardian in the United States. When choosing the least restrictive setting, the department would be required, rather than merely allowed, to consider the child's danger to self, danger to the community and flight risk. A child 13 or older with gang-related markings or tattoos, or a history of gang-related arrests or criminal conduct, would have to be placed in a secure facility.

When checking a sponsor, the department would have to collect information on all adult household residents, including Social Security number, immigration status and background check results, and pass it to the Department of Homeland Security. It could not place a child with a sponsor who is unlawfully present in the United States.