Bill > S3602

This bill, the Public Charge Clarification Act of 2026, aims to redefine and clarify what it means for an immigrant to be a "public charge," meaning someone likely to rely on government assistance. It specifies that an immigrant is considered a public charge if they are likely to receive one or more "public benefits"—which include various forms of federal, state, and local cash assistance, nutrition support, housing aid, and non-emergency medical care—for more than 12 months within any 36-month period. The bill mandates that the Department of Homeland Security will publish a comprehensive list of these benefits and update it regularly. When determining if an immigrant is a public charge, officials must consider a range of factors including age, health, family status, financial resources, education, skills, and any affidavit of support from a sponsor, but no single factor will be decisive. The bill also introduces requirements for affidavits of support, requiring sponsors to prove they can financially support the immigrant and their household at 125% of the federal poverty line, and allows for the requirement of a "public charge bond" of at least $10,000 if an immigrant is otherwise admissible but might become a public charge, which can be forfeited if the immigrant becomes a public charge within 10 years. Importantly, refugees, asylees, and military members and their families are exempt from these public charge rules, and waivers are generally not permitted unless specifically authorized by Congress.

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https://www.congress.gov/bill/119th-congress/senate-bill/3602/all-info