Katie Britt wants to close legal loophole incentivizing illegal migration of unaccompanied children to U.S.

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September 19, 2025

U.S. Sen. Katie Britt (R-Montgomery) thinks it’s past time for Congress to close a loophole in the law that incentivizes the mass illegal migration of unaccompanied alien children to the southern border and leads to them being released into the U.S.

Britt discussed the issue during the Senate Judiciary Border Security and Immigration Subcommittee Hearing titled, “Another Biden Blunder: Missing Unaccompanied Alien Children and Criminal Sponsors.”

“I believe we need to amend Section 235 of the Trafficking Victims Protection Reauthorization Act of 2008, which is primarily the loophole that is used in our laws to incentivize the illegal [migration] of UAC to our southern border,” Britt said. “I’ve been proud to cosponsor a number of bills that will actually do just that.”

Closing the legal loophole that incentivizes the mass illegal migration of UACs across our southern border and leads to the exploitation of children isn’t controversial.

Both sides of the aisle have called for this reform in the past. It’s time to get it done. pic.twitter.com/F6EGaITYEm

— Senator Katie Boyd Britt (@SenKatieBritt) September 18, 2025

Witnesses at the hearing included former Chief Border Patrol Agent Chris Clem who provided insight into how loopholes allowing known gang members to enter and be released into the United States can be closed. He also discussed how Congress can take steps in this area of the law to prioritize the safety of American citizens.

“Once we’ve done an initial screening to ensure that [UAC are] not, you know, trafficked or not victims of any kind of abuse,” Clem said. “But once that (is) cleared, we should treat them and get them back to their home country as quickly as possible … I think that would close a loophole and … come up with a more clear and direct process for someone to lawfully immigrate to the United States versus sending their child in here and hoping they can reconnect later.”

Britt explained the staggering numbers of UACs they’ve seen at the southern border in recent years.

“More than 400,000 UACs were released to sponsors by the Biden-Harris Administration, which is a 100% increase compared to that of the first Trump Administration,” she said. “Most of them were teenage boys. And if you look at it, nearly 70% of UACs referred to HHS were 15 years of age or older … The (House Judiciary Subcommittee on Immigration Integrity, Security and Enforcement) report also found that HHS did not have a policy to refer known gang members to the Justice Department.”

“It’s worth noting and remembering that the Biden-Harris Administration released a 17-year-old MS13 gang member who had entered the country as a UAC and then went on to sexually assault and murder 20-year-old Kayla Hamilton,” she added.

Senator Britt has long voiced disapproval of the Biden-Harris Administration’s handling of UAC and has advocated for reforms to protect children from potential abuses and exploitation. She previously supported a Congressional Review Act resolution that would overturn a Biden-era rule that perpetuated the endangerment of unaccompanied migrant children. Senator Britt also signed a letter urging the Biden-Harris administration to prevent UAC from being placed into the hands of unvetted sponsors who often abuse and exploit them.