# 119-s-3602: Public Charge Clarification Act of 2026

119-s-3602, Public Charge Clarification Act of 2026, is a 119th Congress bill sponsored by Sen. Marshall, Roger [R-KS] (R-KS); status introduced (as of 2026-08-11).

- Canonical: https://policyrisk.com/legislation/119-s-3602
- As of: 2026-08-11
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: 119-s-3602
- Congress: 119
- Title: Public Charge Clarification Act of 2026
- Status: introduced
- Introduced: 2026-01-08
- Sponsor: Sen. Marshall, Roger [R-KS] (R-KS)
- Cosponsors: 1
- Policy area: Immigration
- Touches household money: no
- Last recorded action: 2026-08-11

## 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. - 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.*

## Cosponsors (1)

- Sen. Scott, Rick [R-FL] (R-FL), 2026-01-08T00:00:00.000Z

## Provisions PRIA read

- How officers decide public charge: cost, high. 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…
- More programs count as benefits: cost, high. 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…
- New public‑charge bond rule: cost, high. 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 be…
- Stricter public‑charge test: cost, high. 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 month…
- Stronger sponsor proof required: cost, high. 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 woul…
- Who is exempt and when rules start: mixed, medium. 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…

## Related bills

- 119-s-1748: Kids Online Safety Act
- 119-s-2355: Patients Deserve Price Tags Act
- 119-s-541: ELITE Vehicles Act
- 119-s-3752: SAVE America Act
- 119-s-4944: American Energy and Mineral Infrastructure Act of 2026
- 119-s-1782: Charlotte Woodward Organ Transplant Discrimination Prevention Act

## Sources
- [119-s-3602 on Congress.gov](https://www.congress.gov/bill/119th-congress/senate-bill/3602)

## Related
- [119-s-1748: Kids Online Safety Act](https://policyrisk.com/legislation/119-s-1748)
- [119-s-2355: Patients Deserve Price Tags Act](https://policyrisk.com/legislation/119-s-2355)
- [119-s-541: ELITE Vehicles Act](https://policyrisk.com/legislation/119-s-541)
- [119-s-3752: SAVE America Act](https://policyrisk.com/legislation/119-s-3752)
- [119-s-4944: American Energy and Mineral Infrastructure Act of 2026](https://policyrisk.com/legislation/119-s-4944)
- [119-s-1782: Charlotte Woodward Organ Transplant Discrimination Prevention Act](https://policyrisk.com/legislation/119-s-1782)
- [All bills in Congress](https://policyrisk.com/legislation)

Source: PRIA, https://policyrisk.com/legislation/119-s-3602 (as of 2026-08-11).