The U.S. House of Representatives this week passed the Kayla Hamilton Act, named for a Harford County 20-year-old who was murdered in 2022.

The bill will now be considered by the U.S. Senate, and if passed there would require extensive background checks for “unaccompanied alien children” entering the country.

Hamilton, of Aberdeen, had high-functioning autism and was killed in July 2022 by then-16-year-old Walter Javier Martinez, of El Salvador. Martinez illegally entered the U.S. in March 2022 and was part of the the violent street gang MS-13, according to his defense attorneys and the Harford County State’s Attorney Office.

Martinez pleaded guilty to first-degree murder in August 2024 in Harford County Circuit Court and was sentenced to life in prison, with all but 70 years suspended.

The Kayla Hamilton Act passed by a 225-201 vote in the House, with eight Democrats joining Republicans to support the measure. U.S. Rep. Andy Harris, Maryland’s lone Republican representative whose district includes Harford County, was the only representative from Maryland to vote in favor of the bill.

“The Kayla Hamilton Act puts an end to this madness so no future administration can make such reckless decisions,” Speaker of the House Mike Johnson posted to X on Wednesday. “House Republicans worked to honor Kayla’s memory today with the passage of this bill and our efforts will continue to ensure a tragedy like this never happens again.”

The American Civil Liberties Union wrote a letter to representatives last week, detailing its opposition to the act, which it said could expose children to unnecessary trauma.

“This dangerous bill would endanger children as young as 12, giving the government power to keep children from their families and subject them to prolonged detention as well as invasive physical body searches,” the letter said.

The Act outlines a background check for unaccompanied children crossing the U.S. border, to determine if they are a flight risk; a danger to themselves or the community; have been arrested, charged or convicted of any criminal offense in the U.S. or in their home county; or are participating in any gang-related activities.

It emphasizes placement of unaccompanied children with U.S. citizens and lawful permanent residents who do not have criminal histories. It states children will not be placed on “his or her own recognizance.”

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