H.R. 4371, the Kayla Hamilton Act; H.R. 4323, the Trafficking Survivors Relief Act of 2025; H.R. 3770, the FIREARM Act; H.R. 3592, the Protect LNG Act of 2025; H.R. 4465, To amend chapters 4, 10, and 131 of title 5, United States Code, as necessary to keep those chapters current and to correct related technical errors; H.R. 4499, To make technical amendments to update statutory references to provisions reclassified to title 34, United States Code, and to correct related technical errors; H.R. 4523, To make technical amendments to title 49, United States Code, as necessary to improve the Code; H.R. 4584, To make technical amendments to update statutory references to certain provisions which were formerly classified to chapters 14 and 19 of title 25, United States Code, and to correct related technical errors; H.R. 5185, To make improvements in the enactment of title 41, United States Code, into a positive law title and to improve the Code; H.R. 5182, To make improvements in the enactment of title 54, United States Code, into a positive law title and to correct related technical errors; H.R. 5174, To make revisions in title 51, United States Code, as necessary to keep the title current, and to make technical amendments to improve the United States Code; H.R. 5210, To make technical amendments to update statutory references in certain provisions classified to title 2, United States Code, title 50, United States Code, and title 52, United States Code, and to correct related technical errors; and H.R. 5204, To make technical amendments to update statutory references to certain provisions classified to title 7, title 20, and title 43, United States Code, and to correct related technical errors

Committee on the Judiciary

2025-09-10

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Source: Congress.gov

Participants

Transcript

Thank you, Mr. Chairman.  Today we are here to once again discuss a tragedy and a bill bearing another name of a victim of an illegal alien crime, the Kayla Hamilton Act, named after 20-year-old Kayla Marie Hamilton.   A little more than three years ago, on July 27, 2022, Kayla Hamilton was violently attacked and murdered in her home in Aberdeen, Maryland.  During the attack, Kayla tried to call her boyfriend to help her and ended up leaving a haunting voicemail recording the struggle.  Her boyfriend later found her strangled to death, not breathing, her iPhone cord wrapped tightly around her neck.  Authorities later determined Kayla had also been sexually assaulted.  Before leaving her lifeless body, her assailant robbed her of the $6 cash that she had.   that was in her purse.  Tragically, Kayla's horrific murder was entirely preventable.   Kayla's murderer, Walter Javier Martinez, was a 16-year-old Salvadoran national.  Martinez had been encountered in March of 2022 by US Customs and Border Patrol officials at the Southwest border during the Biden-Harris administration.  He even admitted to authorities that members of his family paid $4,000 to a guide, a so-called guide, to smuggle him from El Salvador to the United States border.  As is required by law with most unaccompanied alien children,   Walter was transferred to the custody of the Office of Refugee Resettlement at HHS.  Rather than determining whether Martinez posed any threat to himself, to others, or the community, the Biden-Harris HHS promptly placed Walter with a sponsor, purportedly his first cousin, although that's in dispute.  He ran away from her home just one month after settlement, and his sponsor later told ORR that Martinez left because he, quote,   because he wanted to, quote, do what he was doing in his home country, get in trouble on the streets and hang out with gang members.  Only after Kayla's murder did any government official even attempt to find out whether Martinez had a criminal history.  The local police learned from the Salvadoran authorities that Martinez was an MS-13 gang member
With a 2020 arrest record for illicit association with the violent gang, Martinez's HHS case file, reviewed by the Judiciary Committee, also revealed that he had gang tattoos.  Why did no federal official try to determine the criminal history of a 16-year-old Salvadoran national entering the U.S. illegally?  Because the Biden-Harris administration didn't care to.   Instead, the Secretary of HHS, Javier Becerra, cared only about moving hundreds of thousands of UACs out of HHS custody as quickly as possible.  As the New York Times reported, Becerra pressured HHS employees to expedite UAC processing and placement, saying, quote, if Henry Ford had seen this in his plants, he would have never become famous and rich.  This is not the way to do an assembly line.  Because of this careless approach, necessary checks about Martinez's background and potential affiliation   with MS-13 were never performed.  Incredibly, Biden-Harris ORR officials were in regular contact with the home countries of the UACs for reasons not associated with their criminal history.   In a 2023 transcribed interview with the committee, the director of ORR admitted that while it was commonplace for HHS to contact the consulate or embassy of the UAC's home country to verify certain documents like birth certificates, under the Biden-Harris administration, HHS was not asked those same countries about whether UACs had any relevant criminal history.  In Martinez's case, just one phone call would have made all of the difference.   Brazen criminal that he is, Martinez wrote a letter from prison admitting to four murders, two rapes, countless thefts, and other crimes.  In August of last year, justice was served when Martinez was convicted of Kayla's murder and sentenced to 70 years in prison.   Criminal organizations, cartels, and gangs have for years exploited the vulnerabilities of the UAC program, cracks that were only widened by the destructive policies put forth over the last four years.  Indeed, the case of Walter Javier Martinez is not isolated, but part of a larger disturbing pattern.