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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3602 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 3602
To amend the Immigration and Nationality Act to clarify the definitions
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 SENATE OF THE UNITED STATES
January 8 (legislative day, January 7), 2026
Mr. Marshall (for himself and Mr. Scott of Florida) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to clarify the definitions
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)(A) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(4)(A)) establishes that an alien who, in
the opinion of the consular officer or the Director of U.S.
Citizenship and Immigration Services, is likely at any time to
become a public charge is inadmissible.
(2) In section 212(a)(4)(B) of such Act, Congress 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, and any affidavit of
support executed by a sponsor of such alien in accordance with
section 213A(a)(1) of such Act (8 U.S.C. 1183a(a)(1)).
(3) These statutory factors have not been faithfully
applied in the intended totality of the circumstances analysis
by executive agencies, which has resulted in inconsistent and
overly permissive interpretations that undermine congressional
intent to ensure self-sufficiency among new immigrants.
(4) The proposed rule entitled ``Inadmissibility on Public
Charge Grounds'' (83 Fed. Reg. 51114), which was published in
the Federal Register by U.S. Citizenship and Immigration
Services on October 10, 2018, 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) Definitions.--In this paragraph:
``(i) Likely at any time to become a public
charge.--The term `likely at any time to become
a public charge', with respect to an alien,
means the alien is likely to receive 1 or more
public benefits for more than 12 months, in the
aggregate, during any 36-month period after the
date on which--
``(I) the alien is admitted to the
United States; or
``(II) the alien's status is
adjusted under this title.
``(ii) Public benefits.--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,' (83
Fed. Reg. 51114)), including benefits received
from--
``(I) supplemental security income
authorized under title XVI of the
Social Security Act (42 U.S.C. 1381 et
seq.);
``(II) temporary assistance for
needy families authorized under part A
of title IV of such Act (42 U.S.C. 601
et seq.);
``(III) any Federal, State, local,
or tribal cash benefit program for
income maintenance;
``(IV) the supplemental nutrition
assistance program authorized under the
Food and Nutrition Act of 2008 (7
U.S.C. 2011 et seq.);
``(V) the housing choice voucher
program and project-based rental
assistance (including moderate
rehabilitation) authorized under
section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f);
``(VI) public housing funds
authorized under section 9 of such Act
(42 U.S.C. 1437g);
``(VII) the Medicaid program
authorized under title XIX of the
Social Security Act (42 U.S.C. 1396 et
seq.), excluding emergency medical
assistance, benefits provided to
individuals who are younger than 21
years of age, and benefits provided to
pregnant women;
``(VIII) premium and cost-sharing
subsidies authorized 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 (14
U.S.C. 18071; relating to reduced cost
sharing); and
``(IX) any other Federal, State,
local, or tribal program providing
monetizable or non-monetizable
benefits, including programs
established after the date of the
enactment of the Public Charge
Clarification Act of 2026.
``(iii) Public charge.--The term `public
charge' means an alien who receives 1 or more
public benefits for more than 12 months, in the
aggregate, within any 36-month period. The
receipt of 2 benefits in a single month shall
be deemed to constitute 2 months of benefits
for purposes of this clause.
``(C) Publication of list of benefits.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Public
Charge Clarification Act of 2026, 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
that may render an alien a public charge or
likely to become a public charge.
``(ii) Updates.--The Secretary shall--
``(I) update the list described in
clause (i) whenever necessary to
include any new programs or benefits
created after the publication of such
list; and
``(II) publish notice of such
updates in the Federal Register.
``(D) Factors to be considered.--
``(i) In general.--In determining whether
an alien is inadmissible under this paragraph,
the consular officer or the Director of U.S.
Citizenship and Immigration Services 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
executed by a sponsor in accordance
with section 213A(a)(1).
``(ii) Determination.--No single factor
listed under clause (i) shall be dispositive.
The determination of inadmissibility shall be
based on a holistic assessment of the alien's
likelihood of becoming a public charge.
``(E) 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 and the dependents of such
aliens.
``(F) Waivers.--No waiver of inadmissibility under
this paragraph shall be granted to any alien, other
than the aliens exempted under subparagraph (F), unless
such waiver is specifically authorized by an Act of
Congress.
``(G) Affidavits of support.--An affidavit of
support submitted by the sponsor of an alien in
accordance with section 213A--
``(i) 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; and
``(ii) may be considered as a factor in the
totality of the circumstances under
subparagraph (D), but shall not be sufficient
to overcome a finding that an alien is likely
to become a public charge.
``(H) Public charge bonds.--
``(i) Requirement.--The consular officer or
the Director of U.S. Citizenship and
Immigration Services shall require the posting
of a public charge bond as a condition of an
alien's admission or adjustment of status if
the alien is likely at any time to become a
public charge, but other factors warrant
conditional approval.
``(ii) Amount; forfeiture.--Each public
charge bond required under clause (i) shall
be--
``(I) in an amount equal to not
less than $10,000;
``(II) payable to the United
States; and
``(III) forfeited if the alien for
whom it is posted becomes a public
charge during the 10-year period
immediately following the alien's
admission to the United States or
adjustment of status.
``(iii) Rulemaking.--The Secretary of
Homeland Security, in consultation with the
Director of U.S. Citizenship and Immigration
Services, shall promulgate regulations for the
administration, forfeiture, and cancellation of
public charge bonds required under this
subparagraph.''.
SEC. 4. CONFORMING AMENDMENTS.
(a) Immigration and Nationality Act.--Section 213A of the
Immigration and Nationality Act (8 U.S.C. 1183a) is amended--
(1) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively; and
(2) by adding at the end the following:
``(i) Requirements for Public Charge Determinations.--Affidavits of
support under this section shall comply with the requirements set forth
in section 212(a)(4)(G).''.
(b) Other Laws.--Any reference in any Federal law or regulation to
``public charge'' or ``likely to become a public charge'' shall be
construed in accordance with the amendments made by section 3.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall--
(1) take effect on the date that is 180 days after the date
of the enactment of this Act; and
(2) apply to all applications for visas, admission, or
adjustment of status pending on, or filed after, such effective
date.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
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