Sponsors (13)
Official title: To amend the Immigration and Nationality Act to clarify the definition 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.
Introduced January 8, 2026 by Troy E. Nehls · Last progress January 8, 2026
The bill creates clearer, uniform public‑charge rules and transparency that aim to protect public funds and clarify sponsor responsibilities, but it broadens which benefits count and tightens enforcement in ways that raise financial, legal, and health‑access costs for many immigrants and their families.
Immigrants and federal adjudicators: Establishes a single, codified definition and uniform rules (including a published list of covered benefits and consistent treatment of affidavits) so eligibility determinations are more predictable across agencies and consular posts.
Immigrants with strong finances or sponsors: Provides clearer criteria that reduce uncertainty for applicants who demonstrate self‑sufficiency (factors like age, health, assets, education, and affidavits of support will be weighed more transparently).
Refugees, asylees, and military members/dependents: Preserves access to protection and military-family immigration paths by exempting these groups from the public‑charge rule.
Immigrants and low‑income families: Expanding the public‑charge definition to include many non‑cash programs (SNAP, Medicaid, housing assistance, SSI, TANF, premium tax credits, etc.), monetizing benefits and counting months over a 36‑month period substantially increases the risk that routine or intermittent use of public programs will lead to visa denials or denial of adjustment of status.
Immigrants and eligible low‑income households: The broadened rule is likely to deter eligible people from enrolling in health, nutrition, and other supports (including ACA premium tax credits), producing a chilling effect that risks worse health and financial stability and higher uninsured rates.
Applicants and sponsors: The $10,000 public‑charge bond requirement plus clearer/stronger enforcement of affidavit obligations create substantial upfront financial barriers and potential long‑term legal liabilities for sponsors and lower‑income families seeking admission or adjustment.
Based on analysis of 5 sections of legislative text.
Expands and codifies the public‑charge test, defining covered benefits (including SNAP, TANF, SSI, Medicaid, housing, and ACA subsidies), setting a 12‑month/36‑month receipt threshold, and requiring agencies to publish a comprehensive benefits list.
Redefines who is inadmissible to the United States on "public charge" grounds by expanding and codifying which federal, state, local, and tribal benefits count toward a public‑charge determination. It creates a detailed statutory definition of "public benefits," requires agencies to publish a comprehensive list of such benefits, ties affidavits of support to the new standard, and makes the rules effective 180 days after enactment for pending and new visa, entry, and adjustment applications. The law uses a 36‑month lookback/forward window and a 12‑month aggregate receipt threshold (within any 36‑month period) to determine whether an individual is a public charge, explicitly includes programs such as SSI, TANF, SNAP, Section 8, public housing, Medicaid (with narrow exclusions), and ACA premium/cost‑sharing subsidies, and directs consular officers and immigration authorities to consider the totality of circumstances under the new statutory framework.