H.R. 6987: Public Charge Clarification Act of 2026 (119th Congress) Bill Summary

The Public Charge Clarification Act of 2026 aims to clarify and amend the definition of "public charge" within the Immigration and Nationality Act. Here is a summary of the main provisions and intended effects of the bill:

Definitions and Criteria

The bill establishes a clearer definition of what constitutes a "public charge" in immigration contexts. Specifically:

An individual will be deemed a public charge if they receive one or more public benefits for more than 12 months in total within any 36-month period.
Public benefits include various forms of federal, state, local, or tribal assistance programs, such as income maintenance, housing assistance, food assistance, and non-emergency medical assistance.
Benefits specifically mentioned include Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), and Medicaid (with certain exceptions).

Factors in Determining Public Charge Status

When assessing if an individual is likely to become a public charge, the following factors will be considered:

Age
Health
Family status
Assets and resources
Financial status
Education and skills
Affidavit of support provided by a sponsor

It is noted that no single factor will determine the outcome; instead, a holistic assessment will be made based on the totality of circumstances.

Support Requirements

The bill stipulates that an affidavit of support must include documentation proving the sponsor's financial ability to support the immigrant. This includes showing a household income at least 125% above the federal poverty line.

Public Charge Bonds

If an immigrant is found likely to become a public charge, they may be required to post a public charge bond as part of their admission process. Key points include:

The bond must be at least $10,000.
The bond is forfeited if the individual becomes a public charge within ten years of admission or status adjustment.

Exemptions from Public Charge Determination

The provisions of the bill do not apply to:

Refugees
Asylees
U.S. Armed Forces members and their dependents

Implementation and Timeline

The amendments introduced by this bill would take effect 180 days after enactment and apply to all relevant applications pending or filed after that date.