Bill · S. 3602· Senate(119-S-3602)
Public Charge Clarification Act of 2026
- Introduced
- 1/8/2026
- Last activity
- 1/8/2026 — Read twice and referred to the Committee on the Judiciary.
- Sponsored by
- Roger Marshall
- Cosponsors
- - 1 - 0
- Introduced
- In Committee
What this bill would do
The Public Charge Clarification Act of 2026 seeks to amend the Immigration and Nationality Act regarding "public charge" determinations. It aims to clarify the definitions of what it means to be a public charge and likely to become one. The bill establishes new requirements for affidavits of support and introduces a public charge bond requirement. It expands the scope of public benefits considered in these determinations to include various federal, state, local, and tribal assistance. Additionally, the bill mandates the publication of a comprehensive list of public benefits by the Secretary of Homeland Security.
Yes
Does this reduce what the federal government spends?+3
The bill aims to promote immigrant self-sufficiency and reduce the long-term use of public benefits.
Would high-income households be better off under this?+2
The bill requires sponsors to prove they can maintain a household at 125 percent of the federal poverty line.
Does this tighten control of the border?+2
The bill tightens admission criteria through stricter public charge determinations.
The opposite· 3 of 6
Would immigrants be better off under this?-7
The bill introduces mandatory $10,000 bonds and stricter scrutiny of public benefit usage for immigrants seeking admission.
Would households on low incomes be better off under this?-6
The bill restricts access to various public benefits and imposes high financial barriers for immigrant families.
Would Hispanic Americans be better off under this?-5
The increased financial burdens and stricter public charge definitions may negatively impact Hispanic immigrant populations.
Who it would affect, and how
Potential Positive Impacts for People
-
Protection of Taxpayers: The bill aims to protect American taxpayers and promote immigrant self-sufficiency by codifying a framework to ensure government benefits are considered in public charge determinations (Section 2, Paragraph 5).
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Increased Clarity through Publication: The Secretary of Homeland Security is required to publish a comprehensive list of all public benefits that may render an alien a public charge, providing a clear reference for what is considered (Section 3, (C)(i)).
Potential Negative Impacts for People
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Financial Burden of Bonds: Consular officers or the Director of U.S. Citizenship and Immigration Services may require the posting of a public charge bond of not less than $10,000 as a condition of admission or status adjustment (Section 3, (H)(i)-(ii)).
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Risk of Forfeiture: The required public charge bond can be forfeited if the alien becomes a public charge during the 10-year period immediately following their admission or status adjustment (Section 3, (H)(ii)-(iii)).
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Stricter Affidavit Requirements: Sponsors of aliens must now provide documentary evidence showing they can maintain a household at an annual income of at least 125 percent of the Federal poverty line (Section 3, (G)(i)).
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Limited Reliance on Affidavits: An affidavit of support cannot be used as a sufficient factor to overcome a finding that an alien is likely to become a public charge (Section 3, (G)(ii)).
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Restricted Waivers: No waivers of inadmissibility for public charge grounds will be granted unless specifically authorized by an Act of Congress, with very limited exceptions (Section 3, (F)).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For High Income Households+2Good For Immigrants-7Good For Low Income Households-6Good For Hispanic Americans-5
- Social Issues And Justice
- Improves Border Security+2Improves Pathway To Citizenship-5Improves Racial Equity-4Improves Poverty Reduction-3
- Economy And Finance
- Reduces Government Spending+3
- 1/8/2026
- Read twice and referred to the Committee on the Judiciary.
- 1 Cosponsor added.
- Introduced in Senate
Rick ScottRepublican · Florida