I 
119TH CONGRESS 
2D SESSION 
H. R. 6987 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 8, 2026 
Mr. NEHLS (for himself, Mr. MOORE of Alabama, Mr. WEBER of Texas, Mr. 
GROTHMAN, Mr. ROY, Mr. GOSAR, Mr. HARRIS of North Carolina, Mr. 
HUNT, Mr. JACKSON of Texas, and Mr. GILL of Texas) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Public Charge Clari-
fication Act of 2026’’. 
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SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Section 212(a)(4) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(4)) establishes 
that an alien who, in the opinion of the consular of-
ficer or the Attorney General, is likely at any time 
to become a public charge is inadmissible. 
(2) Congress has laid out specific factors to be 
considered in determining whether an alien is likely 
to become a public charge, including the alien’s age, 
health, family status, assets, resources, financial sta-
tus, education, and skills, as well as any affidavit of 
support under section 213A. 
(3) These statutory factors have not been faith-
fully applied in the intended totality of the cir-
cumstances analysis by executive agencies, leading to 
inconsistent and overly permissive interpretations 
that undermine congressional intent to ensure self- 
sufficiency among immigrants. 
(4) The proposed rule entitled ‘‘Inadmissibility 
on Public Charge Grounds,’’ published by the De-
partment of Homeland Security in the Federal Reg-
ister on October 10, 2018 (83 FR 51114), provided 
a clear framework for identifying public benefits that 
render an alien a public charge, including both 
monetizable and non-monetizable benefits. 
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(5) To protect American taxpayers and promote 
immigrant self-sufficiency, it is necessary to codify 
and expand upon this framework, ensuring that all 
current and future government benefits are consid-
ered in public charge determinations. 
SEC. 3. DEFINITION OF PUBLIC CHARGE. 
Section 212(a)(4) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(4)) is amended to read as follows: 
‘‘(4) PUBLIC CHARGE.— 
‘‘(A) IN GENERAL.—Any alien who, in the 
opinion of the consular officer at the time of 
application for a visa, or in the opinion of the 
Attorney General at the time of application for 
admission or adjustment of status, is likely at 
any time to become a public charge is inadmis-
sible. 
‘‘(B) DEFINITION.—For purposes of this 
paragraph— 
‘‘(i) The term ‘public charge’ means 
an alien who receives one or more public 
benefits (as defined in subparagraph (C)) 
for more than 12 months in the aggregate 
within any 36-month period (such that, for 
instance, receipt of two benefits in one 
month counts as two months). 
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‘‘(ii) An alien is ‘likely at any time to 
become a public charge’ if the alien is like-
ly to receive one or more public benefits 
(as defined in subparagraph (C)) for more 
than 12 months in the aggregate within 
any 36-month period after the date of ad-
mission or adjustment of status. 
‘‘(C) PUBLIC
BENEFITS
DEFINED.—The 
term ‘public benefits’ means any Federal, State, 
local, or tribal cash assistance for income main-
tenance, 
supplemental 
nutrition 
assistance, 
housing assistance, non-emergency medical as-
sistance, or other similar benefits, including all 
monetizable and non-monetizable benefits as de-
fined in the proposed rule entitled ‘Inadmis-
sibility on Public Charge Grounds,’ published in 
the Federal Register on October 10, 2018 (83 
FR 51114). This definition shall include— 
‘‘(i) Supplemental Security Income 
(SSI) under title XVI of the Social Secu-
rity Act; 
‘‘(ii) Temporary Assistance for Needy 
Families (TANF) under part A of title IV 
of the Social Security Act; 
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‘‘(iii) Any Federal, State, local, or 
tribal cash benefit program for income 
maintenance; 
‘‘(iv) The Supplemental Nutrition As-
sistance Program (SNAP) under the Food 
and Nutrition Act of 2008; 
‘‘(v) Section 8 Housing Choice Vouch-
er Program under section 8 of the United 
States Housing Act of 1937; 
‘‘(vi) Section 8 Project-Based Rental 
Assistance (including Moderate Rehabilita-
tion) under section 8 of the United States 
Housing Act of 1937; 
‘‘(vii) Public housing under section 9 
of the United States Housing Act of 1937; 
‘‘(viii) Medicaid under title XIX of the 
Social Security Act (except for emergency 
medical assistance, benefits provided to in-
dividuals under 21 years of age, or benefits 
provided to pregnant women); 
‘‘(ix) Premium and cost-sharing sub-
sidies under section 36B of the Internal 
Revenue Code of 1986 (relating to refund-
able credit for coverage under a qualified 
health plan) or section 1402 of the Patient 
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Protection and Affordable Care Act (relat-
ing to reduced cost sharing); and 
‘‘(x) Any other Federal, State, local, 
or tribal program providing monetizable or 
non-monetizable benefits, including pro-
grams created after the date of enactment 
of the Public Charge Clarification Act of 
2025. 
‘‘(D) PUBLICATION
OF
LIST
OF
BENE-
FITS.—Not later than 180 days after the date 
of enactment of the Public Charge Clarification 
Act of 2025, the Secretary of Homeland Secu-
rity, acting through the Director of U.S. Citi-
zenship and Immigration Services, shall publish 
in the Federal Register a comprehensive list of 
all public benefits (as defined in subparagraph 
(C)) that may render an alien a public charge 
or likely to become a public charge. The Sec-
retary shall update such list as necessary to in-
clude any new programs or benefits created 
after publication and shall publish notice of 
such updates in the Federal Register. 
‘‘(E) FACTORS
TO
BE
CONSIDERED.—In 
determining whether an alien is inadmissible 
under this paragraph, the consular officer or 
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the Attorney General shall consider, in the to-
tality of the circumstances, the alien’s— 
‘‘(i) age; 
‘‘(ii) health; 
‘‘(iii) family status; 
‘‘(iv) assets, resources, and financial 
status; 
‘‘(v) education and skills; 
‘‘(vi) prospective immigration status 
and expected period of admission; and 
‘‘(vii) any affidavit of support under 
section 213A. 
No single factor shall be dispositive, and the de-
termination shall be based on a holistic assess-
ment of the alien’s likelihood of becoming a 
public charge. 
‘‘(F) EXEMPTIONS.—This paragraph shall 
not apply to— 
‘‘(i) refugees admitted under section 
207; 
‘‘(ii) asylees granted asylum under 
section 208; or 
‘‘(iii) aliens serving in the Armed 
Forces of the United States or the depend-
ents of such aliens. 
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‘‘(G) WAIVERS.—No waiver of inadmis-
sibility under this paragraph shall be granted to 
any alien not exempted under subparagraph 
(F), unless specifically authorized by an Act of 
Congress. 
‘‘(H) AFFIDAVITS OF SUPPORT.— 
‘‘(i) An affidavit of support under sec-
tion 213A may be considered as one factor 
in the totality of the circumstances under 
subparagraph (E), but shall not be suffi-
cient, standing alone, to overcome a find-
ing that an alien is likely to become a pub-
lic charge. 
‘‘(ii) Any affidavit of support sub-
mitted under section 213A shall be accom-
panied by documentary evidence dem-
onstrating the sponsor’s ability to finan-
cially support the alien and all members of 
the sponsor’s household, including proof of 
income, assets, and resources sufficient to 
maintain the household at an annual in-
come equal to at least 125 percent of the 
Federal poverty line. 
‘‘(I) PUBLIC CHARGE BONDS.— 
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‘‘(i) The consular officer or the Attor-
ney General shall require the posting of a 
public charge bond as a condition of ad-
mission or adjustment of status if the alien 
is determined to be likely to become a pub-
lic charge but other factors warrant condi-
tional approval. 
‘‘(ii) Such bond shall be in an amount 
of not less than $10,000, payable to the 
United States, and shall be forfeited if the 
alien becomes a public charge within 10 
years of admission or adjustment of status. 
‘‘(iii) The Secretary of Homeland Se-
curity shall establish regulations for the 
administration, forfeiture, and cancellation 
of such bonds.’’. 
SEC. 4. CONFORMING AMENDMENTS. 
(a) Section 213A of the Immigration and Nationality 
Act (8 U.S.C. 1183a) is amended by adding at the end 
the following: 
‘‘(i) REQUIREMENTS FOR PUBLIC CHARGE DETER-
MINATIONS.—Affidavits of support under this section shall 
comply with the requirements of section 212(a)(4)(H).’’. 
(b) Any reference in Federal law or regulation to 
‘‘public charge’’ or ‘‘likely to become a public charge’’ shall 
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be construed in accordance with the amendments made by 
this Act. 
SEC. 5. EFFECTIVE DATE. 
The amendments made by this Act shall take effect 
180 days after the date of enactment of this Act and shall 
apply to all applications for visas, admission, or adjust-
ment of status pending on or filed after such effective 
date. 
Æ 
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