S. 3054 — Kayla Hamilton Act

This section requires the Director of the Office of Refugee Resettlement to make placement determinations for unaccompanied alien children in federal custody due to their immigration status 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)). (That section prioritizes placements, to the maximum extent practicable, with a parent or legal guardian in the U.S.; a close relative; a licensed child-care entity; or an ORR-approved facility, while considering risks to the child or community.)

This section revises safe and secure placement requirements for unaccompanied alien children in HHS custody under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232(c)(2)). It requires HHS, prior to placement, to consult with DHS and the Attorney General on the child's court appearances, protection from traffickers and gangs, flight risk, danger to the community, and U.S. or foreign criminal history and, for children age 12 or older, to obtain foreign arrest/conviction records from the relevant consulate and screen for gang-related tattoos or markings; prohibits release on the child's own recognizance; mandates placement in the least restrictive setting consistent with the child's best interest; requires secure facility placement during immigration proceedings (and removal if ordered) for children age 12 or older who are flight risks or dangers to self, others, or the community (including due to gang affiliation or convictions for serious crimes or aggravated felonies); and prohibits placement with sponsors who are not U.S. citizens or lawful permanent residents or who (or household members) have convictions for specified offenses (e.g., sex offenses, child pornography crimes under 18 U.S.C. 2252, human trafficking, domestic violence, child abuse, murder, aggravated felonies, or felonies punishable by over one year imprisonment). It also amends 8 U.S.C. 1232(c)(3)(A) to make such placements subject to the new sponsor prohibitions in addition to existing requirements.

This section establishes a severability clause for the Act, directing courts to construe any invalid or unenforceable provision to the maximum effect permitted by law and, if utterly invalid, deem it severable without affecting the remainder of the Act or its application to other persons or circumstances.

This section exempts the Secretaries of Homeland Security and Health and Human Services, the Secretary of State, and the Attorney General from (1) the Paperwork Reduction Act if compliance would impede immediate implementation of the Act and (2) the Administrative Procedure Act's requirements for promulgating regulations if compliance would impede such implementation.

This section makes this Act and its amendments effective on the date of enactment and applies them to 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 such date, as well as all release redeterminations.