Public Charge Clarification Act of 2026
Sponsored By: Senator Roger Marshall
Introduced
Summary
Redefines and tightens the public charge rule to count more federal, state, local, and tribal benefits and to require stronger sponsor proof and new bonds. The bill would change who immigration officials can deem "likely to become a public charge" by setting new tests and lists of covered benefits.
Show full summary
- Families and immigrants: Receipt of one or more listed public benefits for more than 12 months in any 36-month period would factor into a "likely to become a public charge" finding. Two benefits in a single month would count as two months toward the 12-month threshold.
- Sponsors: Sponsors would have to file affidavits with evidence that their household income, assets, and resources meet at least 125 percent of the Federal poverty line. Those affidavits could be weighed but could not by themselves override a public charge determination.
- Admissions and bonds: A consular officer or the Director of United States Citizenship and Immigration Services could require a public charge bond of at least $10,000 that is forfeited if the person becomes a public charge within 10 years. The Department of Homeland Security and United States Citizenship and Immigration Services would write rules for administering these bonds.
*Overall, the bill would codify a stricter public-charge framework by expanding the benefits counted, strengthening sponsor documentation, and creating a mandatory bonding mechanism.*
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Bill Overview
Analyzed Economic Effects
6 provisions identified: 0 benefits, 5 costs, 1 mixed.
How officers decide public charge
If enacted, consular officers and USCIS must use a "totality of the circumstances" test when deciding public‑charge risk. They would consider age, health, family status, assets and finances, education and skills, likely immigration status and length of stay, and any affidavit of support. No single factor would decide a case, and affidavits or bonds would not automatically prevent a public‑charge finding. The bill would also bar waivers of the public‑charge ground unless Congress explicitly authorizes a waiver.
More programs count as benefits
If enacted, the bill would expand which programs count as "public benefits." It would include SNAP, SSI, TANF, many housing subsidies (vouchers, project‑based rental assistance, public housing), and many Medicaid benefits (but not emergency care, benefits to people under 21, or benefits to pregnant women). The bill would also count premium tax credits and cost‑sharing reductions and require DHS to publish a complete list in the Federal Register within 180 days and update it when new programs appear.
New public‑charge bond rule
If enacted, a consular officer or the USCIS Director could require a public‑charge bond when an applicant is likely to become a public charge but other factors support conditional approval. Each bond would be at least $10,000 payable to the United States. The bond would be forfeited if the alien becomes a public charge during the 10 years after admission or adjustment. DHS and USCIS would issue rules on how bonds are administered, cancelled, and forfeited.
Stricter public‑charge test
If enacted, the bill would say you are likely to become a public charge if you are likely to get public benefits for more than 12 months in any 36-month period after admission or adjustment. Each distinct benefit in the same month would count separately (two benefits in one month count as two months). Consular officers or the Attorney General could find an applicant inadmissible under that test. The bill would also require other Federal laws and rules that mention "public charge" to use these same definitions and counting rules.
Stronger sponsor proof required
If enacted, sponsors would need to file an affidavit of support with documents showing income, assets, and resources. The paperwork must show household income at least 125% of the Federal poverty line for the sponsor's household. The affidavit would be considered in public‑charge decisions but would not by itself stop a public‑charge finding.
Who is exempt and when rules start
If enacted, the bill would exempt refugees, asylees, and members of the U.S. Armed Forces and their dependents from this public‑charge paragraph. The bill would take effect 180 days after enactment. The new rules would apply to visa, admission, and adjustment applications pending on that effective date and to applications filed after that date.
Sponsors & CoSponsors
Sponsor
Roger Marshall
KS • R
Cosponsors
Rick Scott
FL • R
Sponsored 1/8/2026
Roll Call Votes
No roll call votes available for this bill.
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