[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3054 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3054
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 and the Homeland Security Act of 2002 to
enhance efforts to combat the trafficking of children.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 23, 2025
Mr. Cornyn (for himself, Mr. Cruz, Mr. Graham, Mrs. Blackburn, Mr.
Tillis, Ms. Lummis, Mr. Cassidy, Mr. Budd, Mr. Tuberville, Mr. Schmitt,
and Mrs. Britt) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 and the Homeland Security Act of 2002 to
enhance efforts to combat the trafficking of children.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kayla Hamilton Act''.
SEC. 2. PLACEMENT DETERMINATIONS FOR UNACCOMPANIED ALIEN CHILDREN.
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)).''.
SEC. 3. ENHANCING EFFORTS TO COMBAT THE TRAFFICKING OF CHILDREN.
Section 235(c) of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)) is amended--
(1) in paragraph (2), to read as follows:
``(2) Safe and secure placements.--
``(A) Initial actions.--The Secretary of Health and
Human Services may not make a placement determination
under this paragraph for an unaccompanied alien child
who is in Federal custody by reason of the immigration
status of that child until the Secretary does the
following:
``(i) Consultations.--The Secretary of
Health and Human Services shall consult with
the Secretary of Homeland Security and the
Attorney General (including appropriate
juvenile justice officials)--
``(I) to ensure that the
unaccompanied alien child will appear
for all immigration, administrative,
and judicial hearings or proceedings in
which the child is involved;
``(II) to ensure that the
unaccompanied alien child will be
protected from smugglers, traffickers,
gangs, and others who might seek to
victimize or otherwise engage the child
in criminal, harmful, or exploitative
activity; and
``(III) to determine if the
unaccompanied alien child--
``(aa) is a flight risk;
``(bb) is a danger to self,
another individual, or the
community; or
``(cc) has been arrested
for, charged with, or convicted
of any criminal offense in the
United States or in his or her
country of citizenship,
nationality, or last habitual
residence.
``(ii) Screening for gang related activity;
requirement to obtain criminal records.--In the
case of an unaccompanied alien child 12 years
of age or older, the Secretary of Health and
Human Services shall--
``(I) contact the consulate or
embassy of the country of citizenship,
nationality, or last habitual residence
for the unaccompanied alien child to
obtain any relevant arrest records,
pending criminal charges, or conviction
documents involving such child; and
``(II) conduct an examination of
the unaccompanied alien child to
determine if such child has any gang-
related tattoos and other gang-related
markings.
``(B) Placement generally.--
``(i) In general.--Except as otherwise
provided in this paragraph, an unaccompanied
alien child who is in the custody of the
Department of Health and Human Services shall
be promptly placed in the least restrictive
setting that is in the best interest of the
child.
``(ii) Prohibition on release on own
recognizance.--An unaccompanied alien child may
not be released on his or her own recognizance.
``(C) Placement of certain unaccompanied alien
children in secure facilities.--In the case of an
unaccompanied alien child 12 years of age or older, the
unaccompanied alien child shall be placed in a secure
facility for the duration of any immigration
proceedings (and, if ordered removed, until such
unaccompanied alien child is removed) if the
unaccompanied alien child--
``(i) is a flight risk; or
``(ii) is a danger to self, other
individuals, or the community, including if the
unaccompanied alien child--
``(I) has a gang-related tattoo or
any other gang-related marking;
``(II) has been convicted of a
serious criminal offense (as defined in
section 101(h) of the Immigration and
Nationality Act (8 U.S.C. 1101(h))) in
any State or territory of the United
States or in the unaccompanied alien
child's country of citizenship,
nationality, or last habitual
residence;
``(III) has been convicted of any
aggravated felony (as defined in
section 101(a)(43) of the Immigration
and Nationality Act (8 U.S.C.
1101(a)(43))); or
``(IV) has, for conduct in
connection with gang affiliation or
gang activity in any State or territory
of the United States or in the
unaccompanied alien child's country of
citizenship, nationality, or last
habitual residence--
``(aa) any arrest record;
``(bb) any pending criminal
charge;
``(cc) any other pending
proceeding; or
``(dd) any conviction.
``(D) Prohibitions on placement of unaccompanied
alien children with certain individuals.--The Secretary
of Health and Human Services shall not place an
unaccompanied alien child in the custody of any
individual who is one or more of the following:
``(i) Secure and stable sponsors.--An
individual who is not a United States citizen
or a lawful permanent resident of the United
States.
``(ii) Individuals with criminal history.--
An individual who has been convicted of, or who
resides in a household with an individual who
has been convicted of--
``(I) a sex offense (as defined in
section 111(5) of the Sex Offender
Registration and Notification Act (34
U.S.C. 20911(5)));
``(II) a crime involving severe
forms of trafficking in persons (as
defined in section 103(11) of the
Trafficking Victims Protection Act of
2000 (22 U.S.C. 7102(11)));
``(III) a crime of domestic
violence (as defined in section
40002(a)(12) of the Violence Against
Women Act of 1994 (34 U.S.C.
12291(a)(12)));
``(IV) a crime of child abuse and
neglect (as defined in section 3 of the
Child Abuse Prevention and Treatment
Act (Public Law 93-247; 42 U.S.C. 5101
note));
``(V) murder, manslaughter, or an
attempt to commit murder or
manslaughter (as defined in sections
1111, 1112, and 1113 of title 18,
United States Code);
``(VI) a crime involving the
receipt, distribution, or possession of
a visual depiction of a minor engaging
in sexually explicit conduct (as
described in section 2252 of title 18,
United States Code);
``(VII) any crime for which an
alien is required to be taken into
custody pursuant to section 236(c)(1)
of the Immigration and Nationality Act
(8 U.S.C. 1226(c)(1));
``(VIII) any aggravated felony (as
defined in section 101 of the
Immigration and Nationality Act);
``(IX) any crime defined as a
felony by the relevant jurisdiction
(Federal, State, tribal, or local);
``(X) any crime punishable by more
than 1 year of imprisonment; or
``(XI) any other criminal offense
as designated by the Attorney General,
in the Attorney General's sole and
unreviewable discretion.''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``Subject to
the requirements of subparagraph (B)'' and inserting
``Subject to the requirements of subparagraphs (B) and
(D)''; and
(B) by inserting at the end the following:
``(D) Information about individuals with whom
children are placed.--Before placing a child with any
individual, the Secretary of Health and Human Services
shall provide to the Secretary of Homeland Security,
with regard to the individual with whom the child will
be placed and each adult resident of the individual's
household, information on--
``(i) the name of the individual and each
adult resident of the individual's household;
``(ii) the social security number or
individual taxpayer identification number of
the individual and each adult resident of the
individual's household;
``(iii) the date of birth of the individual
and of each adult resident of the individual's
household;
``(iv) the physical location and address of
the individual's residence where the child will
be placed;
``(v) the immigration status of the
individual and each adult resident of the
individual's household;
``(vi) contact information for the
individual and for each adult resident of the
individual's household, including telephone
numbers, email addresses, and work telephone
numbers (if available); and
``(vii) the results of all background and
criminal records checks conducted on the
individual and each adult resident of the
individual's household, which shall 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.''.
SEC. 4. CONSTRUCTION; SEVERABILITY.
Any provision of the this Act or an amendment made by this Act held
to be invalid or unenforceable by its terms, or as applied to any
person or circumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be utterly invalid
or unenforceable, in which event such provision shall be deemed
severable from this Act and shall not affect the remainder of this Act,
or the application of such provision to other persons not similarly
situated or to other, dissimilar circumstances.
SEC. 5. EXEMPTION FROM PAPERWORK REDUCTION ACT AND THE ADMINISTRATIVE
PROCEDURE ACT.
(a) Paperwork Reduction Act.--Nothing in this Act may be construed
to require the Secretary of Homeland Security, the Secretary of Health
and Human Services, the Secretary of State, or the Attorney General to
comply with the requirements of chapter 35 of title 44, United States
Code (commonly referred to as the ``Paperwork Reduction Act'') if such
individuals determine that compliance would impede the immediate
implementation of this Act or the amendments made by this Act.
(b) Administrative Procedure Act.--Nothing in this Act may be
construed to require the Secretary of Homeland Security, the Secretary
of Health and Human Services, the Secretary of State, or the Attorney
General to promulgate regulations under subchapter II of chapter 5 of
title 5, United States Code (commonly referred to as the
``Administrative Procedure Act''), if such individuals determine that
compliance would impede the immediate implementation of this Act or the
amendments made by this Act.
SEC. 6. EFFECTIVE DATE; APPLICABILITY.
(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this shall take effect on the date of the
enactment of this Act.
(b) Applicability.--This Act and the amendments made by this Act
shall apply to any release and custody determinations for an
unaccompanied alien child (as defined in section 642(g)(2) of the
Homeland Security Act of 2002), that are pending or occur on or after
the date of the enactment of this Act, and all release
redeterminations.
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