Cruz, Cornyn, Colleagues Introduce Bill to Vet Unaccompanied Alien Children & Prevent Placement of UACs with Criminal Sponsors

WASHINGTON – U.S. Sens. Ted Cruz (R-Texas), John Cornyn (R-Texas), and colleagues, today introduced the Kayla Hamilton Act, which would require the U.S. Department of Health and Human Services (HHS) to conduct thorough background and criminal record checks on unaccompanied alien children (UACs) and potential sponsors prior to their placement. This legislation is named in honor of Kayla Hamilton, a young woman who was sexually assaulted and brutally murdered by a 17-year-old MS-13 gang member and UAC who illegally entered the country through the southern border and was released by the Biden administration to a sponsor.

Sen. Cruz said, “The Biden administration took advantage of weak immigration laws to release Walter Javier Martinez, an illegal alien and MS-13 gang member, who then raped and murdered Kayla Hamilton. Those loopholes should be closed immediately to prevent future atrocities. The Kayla Hamilton Act does exactly that and honors Kayla’s life. I urge my colleagues to pass it.”

Sen. Cornyn said, “For four disastrous years, the Biden administration skirted our nation’s immigration laws, leading to Kayla Hamilton’s life being cut tragically short by an MS-13 gang member who should have never been released into the United States. My legislation, which would require the federal government to conduct thorough background and criminal record checks on unaccompanied alien children and potential sponsors prior to their placement, is named in Kayla’s memory and that of the many other victims of heinous crimes committed by illegal aliens.”

Tammy Nobles, mother of Kayla Hamilton, said, “All that the Department of Homeland Security and Department of Health and Human Services had to do was make one phone call to El Salvador, and they would have known that my daughter’s murderer was an MS-13 gang member, and he had a criminal record of illicit gang activity. To prevent such tragedies from happening again, the Kayla Hamilton Act will mandate background checks on unaccompanied minors and the sponsors, so that no person will be at risk. No one else should ever again have to suffer the way my daughter Kayla did. The Biden-Harris Administration’s policies prioritized the comfort of illegal aliens, like Kayla’s murderer, over the safety of innocent Americans. The Kayla Hamilton Act is necessary to ensure background checks of unaccompanied alien children occur before they are released. If that had happened in the case of Kayla’s murderer, authorities would have known he was an MS-13 gang member. The House of Representatives has considered this legislation in a markup, and it is beyond time for the Senate do the same.”

Joining Cruz and Cornyn were Sens. Marsha Blackburn (R-Tenn.), Katie Britt (R-Ala.), Bill Cassidy (R-La.), Cynthia Lummis (R-Wyo.), and Tommy Tuberville (R-Ala.)

Sen. Blackburn said, “The Biden administration’s reckless, open-border policies led to devastating consequences for unaccompanied alien children, including Kayla Hamilton, who was brutally murdered by an MS-13 gang member. “The Kayla Hamilton Act would protect the safety of unaccompanied alien children by requiring criminal background checks to ensure these children are not placed with dangerous individuals.”

Sen. Britt said, “Kayla’s story is another heartbreaking reminder of the chaos and danger brought into our country by the Biden Administration’s open-border policies. The Kayla Hamilton Act establishes common-sense guardrails, such as requiring the collection of records related to criminal behavior and potential gang activity for unaccompanied alien children, so we can do everything possible to prevent future tragedies like Kayla’s murder.”

Sen. Cassidy said, “Biden’s open border cost Kayla Hamilton her life. Thankfully, President Trump secured our border and rolled back disastrous Democrat policies that put our children and communities in harm’s way. “This legislation ensures future Democrat administrations cannot neglect needed background checks and release dangerous criminals into the country.”

Sen. Lummis said, “For more than four years, the Biden administration’s disastrous, open-door policies allowed criminals and violent gangs like MS-13 to flood into our country and put Americans at risk. The tragic murder of Kayla Hamilton was preventable and is a devastating consequence of Democrats’ willful neglect of the border and failure to properly vet unaccompanied minors. I am proud to join Senator Cornyn and my colleagues in cosponsoring the Kayla Hamilton Act, which will allow us to remove those dangerous loopholes and prevent illegal killers from infiltrating our communities.”

Sen. Tuberville said, “Crimes that are committed by illegal aliens who shouldn’t be here in the first place are 100% preventable. “Kayla Hamilton’s story is yet another tragic example of the Biden administration prioritizing illegal aliens over the safety of American citizens. Our bill is a crucial step in the right direction to ensure crimes like this never happen again.”

Additional cosponsors include Sens. Ted Budd (R-NC), Lindsey Graham (R-SC), and Thom Tillis (R-NC). Congressman Russell Fry (SC-07) introduced this legislation in the U.S. House of Representatives. The bill passed out of the House Judiciary Committee and is now pending a vote on the House floor.

BACKGROUND

The Kayla Hamilton Act would require thorough background and criminal record checks on UACs prior to their release to a sponsor and prohibit the release of any UAC into the custody of criminals or illegal aliens. The bar to placement applies not only to individuals seeking to sponsor a UAC, but also any adult living in the household of the potential sponsor who has a criminal history.

The bill also requires the federal government to:

• Ensure UACs show up for their immigration and judicial proceedings;

• Place UACs in a secure facility if they are a danger to themselves or others, a flight risk, committed gang-related crimes, are aggravated felons, or have committed and/or been convicted of other serious crimes;

• Obtain the UAC’s criminal records from their country of nationality or last habitual residence;

• Requires HHS to collect information from the potential sponsor and individuals residing in the household of that sponsor including immigration status, background and security checks, full names, social security numbers, dates of birth, telephone numbers and email addresses;

• And examine all UACs over the age of 12 for gang-related markings and tattoos.