Public Charge Clarification Act of 2026

Protection of Taxpayers: The bill aims to protect American taxpayers by promoting immigrant self-sufficiency (Section 2).

Clarity on Public Benefits: The Secretary of Homeland Security is required to publish a comprehensive list of all public benefits that may impact public charge status, which provides a clear framework (Section 3, Subparagraph D).

Specific Requirements for Sponsors: By requiring affidavits of support to include documentary evidence of a sponsor's ability to support a household at 125 percent of the Federal poverty line, the bill establishes clear financial standards for sponsors (Section 3, Subparagraph H).

Financial Burden of Bonds: Certain individuals determined to be likely to become a public charge may be required to post a public charge bond of at least $10,000, which is forfeited if they become a public charge within 10 years (Section 3, Subparagraph I).

Strict Definition of Public Charge: An alien can be considered a public charge if they receive public benefits for more than 12 months in the aggregate within any 36-month period, which includes various forms of assistance like SNAP, Medicaid, or housing assistance (Section 3, Subparagraph B and C).

Limitations on Affidavits of Support: An affidavit of support cannot be used as a standalone factor to overcome a finding that an alien is likely to become a public charge (Section 3, Subparagraph H).