S. 3602 — Public Charge Clarification Act of 2026

This section states congressional findings concerning the public charge ground of inadmissibility under INA §212(a)(4) (8 U.S.C. 1182(a)(4)), including (1) the existing inadmissibility provision for aliens likely to become a public charge; (2) the required totality-of-circumstances factors such as age, health, family status, assets, resources, financial status, education, skills, and affidavits of support; (3) inconsistent and overly permissive agency interpretations; (4) the framework in the October 10, 2018, proposed USCIS rule (83 Fed. Reg. 51114) for identifying relevant public benefits; and (5) the need to codify and expand that framework to cover all government benefits.

This section revises the public charge ground of inadmissibility in the Immigration and Nationality Act (INA) by defining an alien as likely to become a public charge if the alien is likely to receive one or more specified public benefits for more than 12 months (in the aggregate) during any 36-month period after admission or adjustment of status, and defines a public charge as an alien who actually receives such benefits for that duration (with receipt of two benefits in one month counting as two months). Public benefits include Federal, state, local, or tribal cash assistance for income maintenance; Supplemental Nutrition Assistance Program (SNAP); housing choice vouchers and project-based rental assistance (including moderate rehabilitation) under section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f); public housing under section 9 of such Act (42 U.S.C. 1437g); Supplemental Security Income (SSI); Temporary Assistance for Needy Families (TANF); Medicaid (excluding emergency services, benefits for those under 21, and pregnant women); premium and cost-sharing subsidies under the Affordable Care Act; and any other monetizable or non-monetizable benefits. The section further (1) directs the Department of Homeland Security to publish a comprehensive Federal Register list of all such benefits within 180 days of enactment, with updates as needed; (2) requires consular officers and U.S. Citizenship and Immigration Services to assess inadmissibility based on a holistic review of factors including age, health, family status, assets, education and skills, prospective status, and affidavits of support (which must demonstrate sponsor income of at least 125% of the federal poverty level but are not dispositive); (3) exempts refugees, asylees, and active-duty U.S. military members and their dependents; (4) prohibits waivers except as authorized by Congress; and (5) authorizes public charge bonds for aliens likely to become a public charge where other factors support conditional approval.

This section makes conforming amendments to the affidavit of support requirements (8 U.S.C. 1183a) by (1) redesignating existing subsections (h) and (i) as subsections (g) and (h), respectively, and (2) adding a new subsection (i) requiring that such affidavits comply with public charge determination requirements specified in INA §212(a)(4)(G) (as amended by section 3). It further directs that any reference in federal law or regulation to “public charge” or “likely to become a public charge” be construed consistent with the amendments made by section 3.

This section sets an effective date for the amendments made by the Act of 180 days after enactment, applying to all applications for visas, admission, or adjustment of status pending on or filed after such date.