S. 3602

[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>