Kayla Hamilton Act
Mr. Speaker, pursuant to House Resolution 951, I call up the bill (H.R. 4371) to amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to enhance efforts to combat the trafficking of children, and ask for…
Mr. Speaker, pursuant to House Resolution 951, I call up the bill (H.R. 4371) to amend the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 to enhance efforts to combat the trafficking of children, and ask for its immediate consideration in the House.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 4371.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of this legislation, H.R. 4371, the Kayla Hamilton Act.
This legislation, at its core, is about common sense, in that if we had done a simple fix like this, Kayla would still be alive. It is something that I think my Democrat counterparts have lost track of during the last administration.
During the Judiciary Committee hearing, Kayla was referred to by one of my Democrat colleagues, who repulsively called her a ``random dead person.''
Kayla was a beloved daughter. She loved life. She loved her family. She had a cat named ``Oreo'' that she cared for. She loved her God. She was a young woman whose future was stolen from her by someone who never should have been in this country to begin with it.
In 2022, during the Biden-Harris administration, Kayla's killer illegally crossed the southwest border as an unaccompanied alien child, what they commonly refer to as a ``UAC.'' Walter Javier Martinez, a 16- year-old Salvadoran national, admitted to authorities that his aunt paid a guide $4,000 to smuggle him into the United States.
As is required by law with most UACs, Walter was then transferred to the custody of the Office of Refugee Resettlement at the Department of Health and Human Services. Instead of conducting a basic criminal or gang affiliation check, HHS instead focused on programming and wellness activities while missing clear signs of gang involvement.
Despite incomplete information and the sponsor's lack of legal status in the country themselves, HHS approved the placement. Martinez ran away within weeks from his sponsor, becoming 1 of more than 150,000 UACs that the last administration lost track of.
According to his sponsor, months later, Walter left to: ``do what he was doing in his home country--get in trouble on the streets and hang out with gang members.''
The Federal Government just needed to make a phone call to El Salvador. That is all that would have solved this. Instead, Kayla was brutally murdered because the government failed to vet Walter, a known MS-13 gang member with gang tattoos and a criminal history.
The Kayla Hamilton Act will help to ensure that another murder like Kayla's does not happen. First, this bill requires HHS to find out for UACs who are over 12 years of age if there is a criminal history or gang affiliation or gang activity in the child's home country.
Opponents falsely claim that the bill mandates strip searches. It simply allows checks for gang tattoos during routine medical intake. This stuff already happens. We are just asking that somebody ascertain whether that tattoo is related to a gang.
We also ask that they check their home country and see if they have a criminal background. We are not doing that. This is common sense.
Under this bill, gang-affiliated UACs would be housed in a secure facility designed to protect them from themselves and others. Opponents say this provision will lead to the indefinite detention of children.
In reality, UACs will be held only for the pendency of their immigration proceedings. That is it. When an alien is in a secure placement, their immigration proceedings generally are resolved expeditiously, within weeks or months.
Next, the bill bars illegal aliens from serving as sponsors. I think that is a key component to protect the children themselves. UACs should not be placed in the home of a person with no immigration permanence in this country, where their caregiver may be deported at any moment. That is not a stable environment for a child to live or thrive.
The Democrats say that this bill will cause family separation. This reform ends the perverse incentive that encourages illegal alien parents to have their children smuggled across the border. That practice is happening right now. This has been happening for years, particularly under the last administration. We should not be complicit in the smuggling of children into this country. No more.
In the last administration, the UACs were placed with sponsors before required background checks were even finalized. Mr. Speaker, that is kind of the point, right? For a UAC, we are not going to place a child in somebody's home where we don't know who they are and don't know their background. That is actually what was happening under the last administration. In some cases, criminal and sex offender checks were never initiated.
H.R. 4371 will end this insanity. By enshrining in law rigorous background check requirements, this will ensure UACs will not be placed with criminals or child abusers.
Mr. Speaker, I urge my colleagues to support this very important legislation to take a first step in reforming our very flawed UAC Program.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
I prefer to keep the focus on the actual bill and not distracting arguments on a myriad of topics.
I think it is important to remember how we got to this place. We got to this place because of the failed policies of the Biden-Harris administration that imported millions of people into this country, that smugglers, paid in cash by parents in other countries, smuggled kids into our country.
Many of those kids, probably the vast majority of them, are innocent kids. But the Democrats in the House, specifically in the Judiciary Committee, seem to focus that that is the entire picture. That is not the entire picture.
Walter Javier Martinez was a gang member, and we didn't know it. Our own Federal Government, that is tasked with protecting the lives of the citizens of this country, did not know because they never called his country of origin. If they had, instead of doing paper-mache or other things they were doing for this kid that came into the country, they would have found out from his country that, yes, he has a history of gang activity. Yes, if we had screened him for gang tattoos, we would have found that, yes, he has a gang tattoo.
All we are saying in this legislation is that we have a little bit of common sense in this country. At the end of the day, when somebody comes in, the vast majority of these kids will probably go to a sponsor and not be in some sort of secure facility. But for the kids who are over 12 and under 18 who have a history of criminal actions, who have a gang tattoo on their forehead or another part of their body, all we are saying is maybe we shouldn't put those kids in our streets, right? Because every week seems to be another story, another Kayla Hamilton.
For the 3 years that I have been a part of this body, what I have seen is that the other side of the aisle buries their head in the sand to the real malaise that is going on in our streets
when these immigrants are causing a lot of these problems.
Why don't we get a little bit smarter about the things that we do in this country? Maybe we wouldn't have so many Kayla Hamiltons. I think that is important.
On the flip side of this equation, we know that the last administration lost kids, hundreds of thousands of kids. They did not know where they were. That is unconscionable to me that we were so busy--HHS, with Secretary Becerra, was so busy trying to set up his Ford assembly line that he was pushing people out into our communities who run away and who cause mayhem in our streets. That is alarming to me that our Federal Government would not be more responsible.
Can you imagine going to a State family court and saying to the Judge: Don't worry about the background checks; just send the kid out. Don't worry about the background checks on the sponsor. Just place them in this home, because at least he has got a roof over his head. We don't know anything about the people he is going to live with, but just place him up there. That State court judge would be thrown out of his position in a minute.
Somehow it is okay for the Federal Government to not do its job here. I think that is reckless. I think that is completely irresponsible, not only to the citizens who expect safety and security from their Federal Government but to the kids who are here.
Why would we give a child to a sponsor who we don't know anything about their background? We haven't done the sexual background checks; the sex registry checks. We haven't done the criminal background checks to see who these sponsors are. We are just going to let the kid go out there.
By doing nothing, that is exactly what the Democrats are arguing right now. I think that is irresponsible on so many levels.
Part of this is to protect future Kayla Hamiltons from happening in this country by unscrupulous and dangerous minors who are in this country. The other is to protect the kids themselves from sponsors who haven't been properly vetted.
If we care about the safety and well-being of children, which I hope that we all do, this is an easy lift, that our Federal Government would have a little bit more common sense, that we wouldn't set up a Ford assembly line and push people out into our communities and lose track of where they are.
In the case of Walter, think about this: He goes to his sponsor and within weeks he is gone. The Federal Government had no idea that he left, for months. The only way that they found out was after he killed Kayla Hamilton, months later.
The sponsor didn't say anything. Walter didn't turn up anywhere until he killed somebody. We didn't know about it? We didn't know about these things? I think that is reckless.
This bill is common sense. I think this country wants a little bit of common sense. I think they deserve a little bit of common sense. They want their Federal Government to work for them. They want to feel like when a child comes to this country, however he or she came to this country, that we would vet them before we place them in our communities and allow them to cause mayhem.
Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. McClintock), my good friend.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, just briefly, in response, I appreciate the comments, but I wish that the gentlewoman from California would have been in the Judiciary Committee hearing to learn what the law actually says. It is something that she
has completely omitted from her remarks.
She said that kids are subject to strip searches under this bill. Mr. Speaker, we already do medical evaluations of children when they come into this country. That is already in practice. All we are saying is that when there is a tattoo on your shoulder or on your forehead that is a gang tattoo, then maybe we shouldn't send you into the streets.
They said that this bill is anti-children somehow, that it keeps children from being separated from their families. If there is somebody who is smuggled across our border who has a gang affiliation or prior gang convictions or charges in their country of origin, then maybe we shouldn't unite them with their family in this country when they are a danger to themselves and to the rest of society.
I appreciate the comments, but I think a little bit of homework and due diligence would have made those remarks a lot more effective.
I think it was said that the sponsors already receive background checks. Yes, presumably, they do. However, in these cases what we saw during the Biden-Harris administration was while the background checks were ongoing and not yet complete, we were sending kids to houses with sponsors without background checks.
That is the rub. That is the problem. That is what this bill will fix so that we no longer have the lawlessness that we saw in the last 4 years.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have been sitting here stunned and astonished for 1 minute that just 1 second ago I talked about what the law was, and despite that, the gentlewoman from Illinois comes forward to, again, repeat the same old, tired hackneyed lies that they have been perpetuating for months about this bill.
If they want to complain about theses strip searches that they say occur or are occurring under this bill, maybe they should go talk to the Member of their conference who wrote the original law that processed this: the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. That was a Zoe Lofgren bill.
They want to complain about the medical evaluations that happen right now under a bill that they wrote, and they want to blame Republicans.
This kind of reminds me of: The economy is the Republicans' fault, but they are the ones who caused the inflation crisis under Joe Biden. The border is secure, but we saw millions of people illegally come into this country causing mayhem. Housing is too expensive, but they have regulated all businesses in this country into the ground in the last administration.
These are things that they have caused.
They want to talk about how we can perfect the medical evaluations of minors who come into this country. Fine, we can talk about that. However, I think there has to be a little bit of ownership for a minute that they are the ones who created the dang law, not us.
All we are saying is that when you go through that medical evaluation, Mr. Speaker, when you come into this country and you are screened, that we just look for gang tattoos.
The hyperbole is, quite frankly, disturbing and absurd. There was one member of the Democratic Judiciary Committee who said that kids were going to have a colonoscopy because of this. The last time I checked, Mr. Speaker, you can't get a tattoo on your colon. That is not how this works. We are just saying that when you go through this medical evaluation, Mr. Speaker, that somebody checks and says that they have a tattoo. They have a tattoo on their shoulder, on their forehead, on their neck, on their ear, below their eye, I don't know.
When we identify that and it looks like a gang tattoo, then maybe we shouldn't release that person into our streets. I think a little bit of intellectual honesty would go a long way. If they want to talk about medical evaluations and whether we should do them or not, good, then write a bill that amends the bill that they already wrote that became law in 2008.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the gentlewoman said that we were ripping children away from their mother's arms. Let me remind the gentlewoman from Florida that these are kids who are by themselves when they come to this country. However their parents decide that they should send them here. They are here without their parents. That is why they are a UAC. That is the legal term, an unaccompanied alien child. They do not have their parents present.
Again, the gentlewoman thinks that we are criminalizing kids. No, we are not. We are just saying that we should check the backgrounds of these children when they come in because not every child is this innocent, sweet child when they come in here. Most of them probably are, but not every one of them is. Sometimes, they have very troubled home lives and troubled communities, and for whatever reason, they are in our country.
Let's not repeat the mistakes of their country of origin and just let them out onto our streets. In the case of Walter Javier Martinez, he didn't stay with his sponsor but for a couple of weeks. Then, he was out on the streets by himself again, doing the exact same thing he did in his country of origin.
Let's get the facts a little bit straight when we talk about this.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, today, we have an opportunity to take seriously the deficiencies in our UAC Program that have been exposed in the last 4 years of the Biden-Harris administration. Kids who are gang members in their country of origin are allowed to go to a sponsor.
Instead of doing background checks on the kids or checking for tattoos, we give them papier-mache projects and ask them to identify their gender if they feel comfortable talking about it. These are things that actually happened with Walter Javier Martinez.
Rather than take that money that the American people have given to the U.S. Treasury to spend for their safety, we are doing these ridiculous things instead of actually vetting a gang member from El Salvador.
Why don't we do it a little bit better in this country? Why can't we be a little bit smarter in this country?
Mr. Speaker, I will concede very easily that most kids are probably innocent. I have no problem with that, but for the ones that aren't, why are we putting them on our streets? Why are we not conducting adequate background checks on their pasts?
It took, in this case, a local cop in Maryland calling his country of origin to find out, after Kayla was murdered, that he had a criminal past. Why wouldn't we do that on the front end before we have a Kayla Hamilton?
On the flip side of this, I think this is just common sense, that if the law says that sponsors should undergo background checks before we release a kid, sure. Under the last administration, they were too busy pushing kids to sponsors at a record pace that they never even allowed those background checks of the sponsors to come back. They pushed kids into homes before we even knew what the sponsor was like, who they were, or what kind of background they had.
Mr. Speaker, that is reckless endangerment of a child. If we have, all of a sudden, the care and custody of an unaccompanied alien child, maybe we should make sure that the person we send them to isn't a criminal themselves, isn't engaged in sexual exploitation, and isn't engaged in human trafficking.
That is common sense, but what I have heard is that we are going to keep repeating the same tired lies, the same tired fabrications of what actually is going on in this country. Let's be a little bit smarter about the way that we do business.
We can protect kids with this bill. We can also protect our citizens to make sure that Kayla Hamiltons don't happen in every community in our country.
Mr. Speaker, I yield back the balance of my time.