Stricter Immigration Rules: Clarifying Public Charge Definitions and Financial Requirements
This Act tightens US immigration rules by clarifying who qualifies as a "public charge," making it harder for immigrants likely to rely on specific public benefits to gain entry or status adjustment. The law defines a public charge as someone likely to use one or more specified benefits (including SNAP, housing assistance, or non-emergency Medicaid) for more than 12 months over a three-year period. It also mandates a minimum $10,000 bond for conditional approvals where public charge risk exists.
Key points
The definition of "public benefits" is expanded and codified, including food stamps (SNAP), most housing assistance, non-emergency Medicaid (excluding children, pregnant women, and emergency care), and ACA subsidies.
An immigrant is deemed inadmissible if they are likely to receive one or more public benefits for more than 12 months in aggregate within any 36-month period after admission.
A mandatory public charge bond of at least $10,000 must be posted for conditionally approved aliens deemed likely to become a public charge; the bond is forfeited if benefits are used within 10 years.
Sponsors must demonstrate income at 125% of the Federal poverty line, but this affidavit alone cannot override a finding that the alien is likely to become a public charge.
Status:
Introduced
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