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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6987 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 6987
To amend the Immigration and Nationality Act to clarify the definition
of ``public charge'' and ``likely at any time to become a public
charge,'' to establish requirements for affidavits of support and
public charge bonds, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2026
Mr. Nehls (for himself, Mr. Moore of Alabama, Mr. Weber of Texas, Mr.
Grothman, Mr. Roy, Mr. Gosar, Mr. Harris of North Carolina, Mr. Hunt,
Mr. Jackson of Texas, and Mr. Gill of Texas) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to clarify the definition
of ``public charge'' and ``likely at any time to become a public
charge,'' to establish requirements for affidavits of support and
public charge bonds, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Charge Clarification Act of
2026''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Section 212(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4)) establishes that an alien who, in the
opinion of the consular officer or the Attorney General, is
likely at any time to become a public charge is inadmissible.
(2) Congress has laid out specific factors to be considered
in determining whether an alien is likely to become a public
charge, including the alien's age, health, family status,
assets, resources, financial status, education, and skills, as
well as any affidavit of support under section 213A.
(3) These statutory factors have not been faithfully
applied in the intended totality of the circumstances analysis
by executive agencies, leading to inconsistent and overly
permissive interpretations that undermine congressional intent
to ensure self-sufficiency among immigrants.
(4) The proposed rule entitled ``Inadmissibility on Public
Charge Grounds,'' published by the Department of Homeland
Security in the Federal Register on October 10, 2018 (83 FR
51114), provided a clear framework for identifying public
benefits that render an alien a public charge, including both
monetizable and non-monetizable benefits.
(5) To protect American taxpayers and promote immigrant
self-sufficiency, it is necessary to codify and expand upon
this framework, ensuring that all current and future government
benefits are considered in public charge determinations.
SEC. 3. DEFINITION OF PUBLIC CHARGE.
Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)) is amended to read as follows:
``(4) Public charge.--
``(A) In general.--Any alien who, in the opinion of
the consular officer at the time of application for a
visa, or in the opinion of the Attorney General at the
time of application for admission or adjustment of
status, is likely at any time to become a public charge
is inadmissible.
``(B) Definition.--For purposes of this paragraph--
``(i) The term `public charge' means an
alien who receives one or more public benefits
(as defined in subparagraph (C)) for more than
12 months in the aggregate within any 36-month
period (such that, for instance, receipt of two
benefits in one month counts as two months).
``(ii) An alien is `likely at any time to
become a public charge' if the alien is likely
to receive one or more public benefits (as
defined in subparagraph (C)) for more than 12
months in the aggregate within any 36-month
period after the date of admission or
adjustment of status.
``(C) Public benefits defined.--The term `public
benefits' means any Federal, State, local, or tribal
cash assistance for income maintenance, supplemental
nutrition assistance, housing assistance, non-emergency
medical assistance, or other similar benefits,
including all monetizable and non-monetizable benefits
as defined in the proposed rule entitled
`Inadmissibility on Public Charge Grounds,' published
in the Federal Register on October 10, 2018 (83 FR
51114). This definition shall include--
``(i) Supplemental Security Income (SSI)
under title XVI of the Social Security Act;
``(ii) Temporary Assistance for Needy
Families (TANF) under part A of title IV of the
Social Security Act;
``(iii) Any Federal, State, local, or
tribal cash benefit program for income
maintenance;
``(iv) The Supplemental Nutrition
Assistance Program (SNAP) under the Food and
Nutrition Act of 2008;
``(v) Section 8 Housing Choice Voucher
Program under section 8 of the United States
Housing Act of 1937;
``(vi) Section 8 Project-Based Rental
Assistance (including Moderate Rehabilitation)
under section 8 of the United States Housing
Act of 1937;
``(vii) Public housing under section 9 of
the United States Housing Act of 1937;
``(viii) Medicaid under title XIX of the
Social Security Act (except for emergency
medical assistance, benefits provided to
individuals under 21 years of age, or benefits
provided to pregnant women);
``(ix) Premium and cost-sharing subsidies
under section 36B of the Internal Revenue Code
of 1986 (relating to refundable credit for
coverage under a qualified health plan) or
section 1402 of the Patient Protection and
Affordable Care Act (relating to reduced cost
sharing); and
``(x) Any other Federal, State, local, or
tribal program providing monetizable or non-
monetizable benefits, including programs
created after the date of enactment of the
Public Charge Clarification Act of 2025.
``(D) Publication of list of benefits.--Not later
than 180 days after the date of enactment of the Public
Charge Clarification Act of 2025, the Secretary of
Homeland Security, acting through the Director of U.S.
Citizenship and Immigration Services, shall publish in
the Federal Register a comprehensive list of all public
benefits (as defined in subparagraph (C)) that may
render an alien a public charge or likely to become a
public charge. The Secretary shall update such list as
necessary to include any new programs or benefits
created after publication and shall publish notice of
such updates in the Federal Register.
``(E) Factors to be considered.--In determining
whether an alien is inadmissible under this paragraph,
the consular officer or the Attorney General shall
consider, in the totality of the circumstances, the
alien's--
``(i) age;
``(ii) health;
``(iii) family status;
``(iv) assets, resources, and financial
status;
``(v) education and skills;
``(vi) prospective immigration status and
expected period of admission; and
``(vii) any affidavit of support under
section 213A.
No single factor shall be dispositive, and the
determination shall be based on a holistic assessment
of the alien's likelihood of becoming a public charge.
``(F) Exemptions.--This paragraph shall not apply
to--
``(i) refugees admitted under section 207;
``(ii) asylees granted asylum under section
208; or
``(iii) aliens serving in the Armed Forces
of the United States or the dependents of such
aliens.
``(G) Waivers.--No waiver of inadmissibility under
this paragraph shall be granted to any alien not
exempted under subparagraph (F), unless specifically
authorized by an Act of Congress.
``(H) Affidavits of support.--
``(i) An affidavit of support under section
213A may be considered as one factor in the
totality of the circumstances under
subparagraph (E), but shall not be sufficient,
standing alone, to overcome a finding that an
alien is likely to become a public charge.
``(ii) Any affidavit of support submitted
under section 213A shall be accompanied by
documentary evidence demonstrating the
sponsor's ability to financially support the
alien and all members of the sponsor's
household, including proof of income, assets,
and resources sufficient to maintain the
household at an annual income equal to at least
125 percent of the Federal poverty line.
``(I) Public charge bonds.--
``(i) The consular officer or the Attorney
General shall require the posting of a public
charge bond as a condition of admission or
adjustment of status if the alien is determined
to be likely to become a public charge but
other factors warrant conditional approval.
``(ii) Such bond shall be in an amount of
not less than $10,000, payable to the United
States, and shall be forfeited if the alien
becomes a public charge within 10 years of
admission or adjustment of status.
``(iii) The Secretary of Homeland Security
shall establish regulations for the
administration, forfeiture, and cancellation of
such bonds.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Section 213A of the Immigration and Nationality Act (8 U.S.C.
1183a) is amended by adding at the end the following:
``(i) Requirements for Public Charge Determinations.--Affidavits of
support under this section shall comply with the requirements of
section 212(a)(4)(H).''.
(b) Any reference in Federal law or regulation to ``public charge''
or ``likely to become a public charge'' shall be construed in
accordance with the amendments made by this Act.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall take effect 180 days after
the date of enactment of this Act and shall apply to all applications
for visas, admission, or adjustment of status pending on or filed after
such effective date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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