Public Charge Clarification Act of 2026

This bill significantly amends the Immigration and Nationality Act by redefining who is considered a "public charge" or "likely to become a public charge." An alien is deemed a public charge if they receive one or more specified public benefits for over 12 months in aggregate within a 36-month period, or is likely to do so after admission or adjustment of status. The legislation broadens the definition of "public benefits" to include a wide range of Federal, State, local, or tribal programs, such as cash assistance, SNAP, housing assistance, non-emergency Medicaid (with exceptions), and ACA premium/cost-sharing subsidies. The Department of Homeland Security is mandated to publish and regularly update a comprehensive list of these benefits. In determining inadmissibility, a totality of the circumstances must be considered, including the alien's age, health, financial status, education, and skills, with no single factor being dispositive. The bill exempts refugees, asylees, and military personnel/dependents, while generally prohibiting waivers of inadmissibility. The bill also strengthens requirements for affidavits of support , making them just one factor and not sufficient alone to overcome a public charge finding, and mandates public charge bonds of at least $10,000 for certain conditionally approved aliens, forfeited if public benefits are received within 10 years.