Sponsors (12)
Expands and codifies the public-charge test to count receipt of listed public benefits (including Medicaid, SNAP, SSI, TANF, housing, and ACA premium subsidies) over set thresholds and requires DHS to publish a benefits list.
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 trades clearer, uniform public‑charge rules and greater transparency for stricter, broader standards that are likely to deter benefit use, raise denial risk for low‑income immigrants, impose financial barriers on applicants and sponsors, and increase administrative and legal burdens.
Immigrants, sponsors, and federal/state/local agencies get clearer, consistent public‑charge rules through a unified statutory construction, a required published list of covered benefits, and a single effective date that reduces inconsistent adjudications and makes expectations more predictable.
Taxpayers may see stronger protection of public funds and the policy explicitly emphasizes immigrant self‑sufficiency by allowing adjudicators to consider applicants' financial resources, assets, education, and affidavits of support in inadmissibility decisions.
Refugees, asylees, and members of the U.S. military (and their dependents) are exempted from the public‑charge rule, preserving immigration pathways and protections for these vulnerable and priority groups.
Immigrants and their families (especially low‑income households) may avoid enrolling in or using health and nutrition programs (Medicaid, SNAP, ACA premium tax credits, cost‑sharing reductions, etc.) out of fear of harming immigration prospects, raising uninsured and food‑insecurity rates and worsening health and financial stability.
Counting many programs (including monetizing non‑cash benefits) and aggregating benefit months over a 36‑month period substantially expands who can be found inadmissible, increasing the risk of visa or adjustment denials for people with intermittent or modest benefit use.
The $10,000 public‑charge bond requirement creates a large upfront financial barrier for applicants and sponsors, making admission or adjustment effectively inaccessible for many lower‑income families.
Based on analysis of 5 sections of legislative text.
Redefines the federal "public charge" inadmissibility test to count a broad set of federal, state, local, and tribal benefits (including Medicaid, SNAP, SSI, TANF, housing assistance, and ACA premium tax credits) if an immigrant receives them more than 12 months in aggregate in any 36-month period. It directs DHS/USCIS to publish and update a comprehensive list of included benefits, requires consideration of the totality of circumstances, aligns affidavits of support with the new standard, and makes the changes effective 180 days after enactment for pending and new visa, admission, or adjustment applications. The change expands which benefits may be weighed against visa applicants and adjustment applicants, clarifies how officials must assess likelihood of becoming a public charge, and supplies regulatory and statutory conformity so future programs can be included in determinations.