Kayla Hamilton Act
What does the Kayla Hamilton Act do?
HR 4371 is a House bill sponsored by Rep. Russell Fry (R-SC). The Kayla Hamilton Act tightens the placement process for unaccompanied migrant children in federal custody. It requires the Department of Health and Human Services to place children 12 and older in a secure facility for the duration of any immigration proceedings if they are a flight risk or a danger, including if they have gang-related tattoos or markings, a conviction for a serious criminal offense or aggravated felony, or a gang-related arrest, charge, or conviction. It also prohibits placing any child with an individual who is not a U.S. citizen or lawful permanent resident, or who — or an adult in whose household — has been convicted of certain sex, trafficking, domestic-violence, child-abuse, murder, or felony offenses, and requires HHS to give DHS detailed background information on all adult household members at any placement home.
Did HR 4371 pass? Where it stands
As of August 30, 2026, HR 4371 has passed the House.
Status: Passed House
Latest vote: House Passed 225–201 on December 16, 2025
Outlook: Uphill
Key provisions
- Secure Facility for Gang-Affiliated Minors
- Before placing an unaccompanied child 12 or older, HHS must contact the child's home country consulate or embassy to request any relevant arrest records, pending charges, or conviction documents
- HHS must also examine the child for gang-related tattoos and markings
- If the child is a flight risk or a danger — including having a gang-related tattoo or marking, a conviction for a serious criminal offense or aggravated felony, or a gang-related arrest, pending charge, or conviction — HHS must place them in a secure facility for the duration of any immigration proceedings
- Sponsor Vetting Requirements
- No child may be placed with any individual who is not a U.S. citizen or lawful permanent resident, or who — or an adult resident of whose household — has been convicted of certain sex, trafficking, domestic-violence, child-abuse, murder, or felony offenses
- Before placement, HHS must share with DHS: names, Social Security or individual taxpayer identification numbers, dates of birth, addresses, immigration status, contact information, and background-check results for all adult residents of the placement household
- Required background checks include, at a minimum, an investigation of the Dru Sjodin National Sex Offender Public Website, a public records background check, and a national criminal history background check based on fingerprints for every adult in the household
Last updated August 8, 2026