Public Charge Clarification Act of 2026
Sponsored By: Representative Nehls
Introduced
Summary
This bill would redefine who counts as a "public charge" by tying inadmissibility to the use of public benefits for more than 12 months in any 36-month period and create new financial and procedural rules for admission or adjustment of status. It would also require a published list of covered benefits, strengthen affidavit-of-support rules, and allow a new, forfeitable public charge bond when an applicant is likely to rely on benefits but otherwise qualifies.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
New public-charge bond requirement
If enacted, consular officers or the Attorney General could require a public-charge bond when an applicant is likely to become a public charge but other factors support conditional approval. The bond would be at least $10,000, payable to the United States. The bond would be forfeited if the person becomes a public charge within 10 years of admission or adjustment of status. DHS would write rules for how the bonds are handled, forfeited, and cancelled.
When the new rules start
If enacted, the bill's changes would take effect 180 days after enactment. The new public-charge rules would apply to visa, admission, or adjustment applications that are pending on that date. They would also apply to applications filed after that date. That timing could change decisions on many pending cases.
Who counts as a public charge
If enacted, this would define a "public charge" as someone who gets one or more public benefits for more than 12 months total in any 36-month period. Two benefits received in the same month would count as two months. It would list many programs that count, including SSI, TANF, SNAP, Section 8 vouchers and project-based rental assistance, public housing, most Medicaid (but not emergency care, benefits for people under 21, or for pregnant women), and premium or cost-sharing subsidies. DHS would publish a full list of counted benefits in the Federal Register within 180 days and update it as new programs are created.
How officials weigh support and exemptions
If enacted, decision-makers would use a totality-of-the-circumstances test that looks at age, health, family status, assets and income, education and skills, expected length of stay, and any affidavit of support. A sponsor's affidavit would be only one factor and must include documents showing income, assets, and resources sufficient to keep the sponsor's household at at least 125% of the Federal poverty line. Refugees, people granted asylum, and members of the U.S. Armed Forces and their dependents would be exempt from the public-charge rule, while no general waiver would be allowed unless Congress specifically authorizes one.
Sponsors & CoSponsors
Sponsor
Nehls
TX • R
Cosponsors
Rep. Moore, Barry [R-AL-1]
AL • R
Sponsored 1/8/2026
Rep. Weber, Randy K. Sr. [R-TX-14]
TX • R
Sponsored 1/8/2026
Rep. Grothman, Glenn [R-WI-6]
WI • R
Sponsored 1/8/2026
Rep. Roy, Chip [R-TX-21]
TX • R
Sponsored 1/8/2026
Rep. Gosar, Paul A. [R-AZ-9]
AZ • R
Sponsored 1/8/2026
Harris (NC)
NC • R
Sponsored 1/8/2026
Hunt
TX • R
Sponsored 1/8/2026
Rep. Jackson, Ronny [R-TX-13]
TX • R
Sponsored 1/8/2026
Rep. Gill, Brandon [R-TX-26]
TX • R
Sponsored 1/8/2026
Rep. Fry, Russell [R-SC-7]
SC • R
Sponsored 1/9/2026
Babin
TX • R
Sponsored 2/12/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov