S. 3602

119 S3602 IS: Public Charge Clarification Act of 2026
 U.S. Senate
 2026-01-08
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS
  2d Session  S. 3602  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.
1.
Short title
This Act may be cited as the   Public Charge Clarification Act of 2026  .
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.
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.
 .
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.
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.