Kayla Hamilton Act

New Section 2 amends the Homeland Security Act of 2002 to require the Director of the Office of Refugee Resettlement to make placement determinations in accordance with the Trafficking Victims Protection Reauthorization Act, formally linking the two statutory frameworks.

Changed 'may consider' to 'shall consider' for consultations, making interagency coordination mandatory rather than discretionary before any placement decision.

Added a new 'Safe and secure placements' framework requiring HHS to consult with DHS and the Attorney General before placing any unaccompanied alien child, specifically to assess flight risk, danger to self or others, and criminal history in the U.S. or home country.

Added mandatory screening for gang-related tattoos and markings, plus requirement to obtain arrest records, pending charges, and conviction documents from the child's consulate or embassy for children 12 years of age or older.

Added mandatory secure facility placement for unaccompanied alien children 12 or older who are a flight risk, a danger to self/others/community (including those with gang markings, serious criminal convictions, aggravated felonies, or any gang-related arrest record, pending charge, proceeding, or conviction in the U.S. or home country).

Added a blanket prohibition on releasing any unaccompanied alien child on their own recognizance.

Added detailed prohibitions on placing children with individuals who are not U.S. citizens or lawful permanent residents, or who have been convicted of (or reside with someone convicted of) sex offenses, trafficking crimes, domestic violence, child abuse, murder, child pornography, aggravated felonies, any felony, any crime punishable by more than one year, or any offense designated by the Attorney General in their 'sole and unreviewable discretion.'

Added a severability clause (Section 4) stating that if any provision is held invalid, it should be construed to give maximum effect or severed without affecting the rest of the Act.

Added Section 5 exempting DHS, HHS, State, and the Attorney General from compliance with the Paperwork Reduction Act and Administrative Procedure Act if they determine such compliance would impede immediate implementation.

Added Section 6 specifying the Act takes effect on the date of enactment and applies to all pending or future release and custody determinations for unaccompanied alien children, as well as all release redeterminations.