H.R. 6987

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6987 Introduced in House (IH)]

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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.
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