Public Charge Clarification Act of 2026
Sponsored By: Representative Nehls
Introduced
Summary
Would redefine 'public charge' with a 12-month benefits threshold and a required published list of counted programs. It would also tighten sponsor proof rules and create a new public charge bond requirement in some cases.
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- Immigrants seeking a visa, admission, or status adjustment would be inadmissible if they are likely to receive more than 12 months of covered benefits in any 36-month period. The decision would use a holistic review of age, health, family, finances, skills, prospective status, and affidavits of support, and it would exempt refugees, asylees, and service members and their dependents.
- Families and benefit recipients would see a broad set of programs counted as "public benefits," including cash assistance, SSI, SNAP, housing help like Section 8 vouchers, project-based rental assistance, public housing, and Medicaid with specified exceptions. The Department of Homeland Security would have 180 days to publish and keep an updated comprehensive list of covered benefits.
- Sponsors would need affidavits of support backed by documents showing income and assets at least 125 percent of the Federal poverty line. The bill would allow a public charge bond of not less than $10,000 to be required in some cases and forfeited if the person becomes a public charge within 10 years.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 4 costs, 1 mixed.
New public-charge bond requirement
If enacted, consular officers or immigration officials could require a public-charge bond to allow conditional admission. The bond would be not less than $10,000 and payable to the United States. The bond would be forfeited if the person becomes a public charge within 10 years. DHS would write rules on how the bond is administered, forfeited, or cancelled.
New public-charge test and rules
If enacted, this would create a concrete public-charge test. You would be a public charge if you get counted public benefits for more than 12 months in any 36-month period. Officials would decide inadmissibility using a total review of age, health, family, money, skills, and future status, with no single factor deciding the case. These changes would take effect 180 days after enactment and apply to applications pending on or filed after that date.
Which benefits count toward public charge
If enacted, this would define a long list of programs that count as public benefits. It would include SSI, TANF and other cash help, SNAP, most Medicaid (with a few exceptions), Section 8 vouchers, public housing, and certain health coverage subsidies. DHS would have to publish a full list in the Federal Register within 180 days and update it when new programs are added. New programs created after enactment could also be counted.
Stricter affidavit of support rules
If enacted, affidavits of support would be one factor in public-charge decisions but would not automatically overcome a negative finding. Sponsors would have to submit documents that show income, assets, and resources enough to keep the household at at least 125 percent of the Federal poverty line. The affidavit alone would not be enough to guarantee approval.
Exemptions and limits on waivers
If enacted, refugees, people granted asylum, and service members or their dependents would not be subject to the public-charge rule. At the same time, the bill would bar agencies from granting public-charge waivers to other nonexempt people unless Congress specifically allows a waiver. That means some groups gain clear protection, while others lose agency-level relief.
Sponsors & CoSponsors
Sponsor
Nehls
TX • R
Cosponsors
Moore (AL)
AL • R
Sponsored 1/8/2026
Weber (TX)
TX • R
Sponsored 1/8/2026
Grothman
WI • R
Sponsored 1/8/2026
Roy
TX • R
Sponsored 1/8/2026
Gosar
AZ • R
Sponsored 1/8/2026
Harris (NC)
NC • R
Sponsored 1/8/2026
Hunt
TX • R
Sponsored 1/8/2026
Jackson (TX)
TX • R
Sponsored 1/8/2026
Gill (TX)
TX • R
Sponsored 1/8/2026
Fry
SC • R
Sponsored 1/9/2026
Babin
TX • R
Sponsored 2/12/2026
Roll Call Votes
No roll call votes available for this bill.
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