No CRS summary available for this bill.
This section declares congressional findings on the public charge ground of inadmissibility under INA §212(a)(4) (8 U.S.C. 1182(a)(4)), including that specified statutory factors—such as the alien's age, health, family status, assets, resources, financial status, education, skills, and affidavits of support under INA §213A—have not been faithfully applied in a totality-of-circumstances analysis; that executive agencies' interpretations have been inconsistent and overly permissive, undermining immigrant self-sufficiency; and that the DHS proposed rule on public charge inadmissibility published October 10, 2018 (83 Fed. Reg. 51114), provided a clear framework for identifying relevant public benefits that Congress intends to codify and expand to encompass all current and future government benefits.
This section revises the public charge ground of inadmissibility (INA §212(a)(4)) to deem inadmissible any alien who, in the consular officer's or Attorney General's opinion, is likely at any time to become a public charge—defined as receiving one or more public benefits for more than 12 months (in the aggregate) within any 36-month period (such that two benefits in one month count as two months)—with "likely" meaning probable receipt of such benefits post-admission or adjustment of status. It defines public benefits to include Federal, state, local, or tribal cash income maintenance; SNAP; Section 8 housing choice vouchers and project-based rental assistance; public housing; Medicaid (except emergency services, benefits for those under 21, or pregnant women); ACA premium and cost-sharing subsidies; SSI; TANF; and any other monetizable or non-monetizable benefits per the 2018 public charge proposed rule (83 Fed. Reg. 51114), plus directs DHS to publish and update a comprehensive list in the Federal Register within 180 days of enactment. The determination requires a holistic assessment of factors including age, health, family status, assets, education and skills, prospective status, and affidavits of support under INA §213A (which must include sponsor proof of income at 125% of the federal poverty line but are not dispositive alone); exempts refugees, asylees, and active-duty military members and dependents; prohibits waivers except by Congress; and authorizes public charge bonds of at least $10,000 (forfeitable if the alien becomes a public charge within 10 years) for those likely to become a public charge but warranting conditional approval.
This section amends the affidavit of support requirements (8 U.S.C. 1183a) by (1) adding a new subsection (i) requiring such affidavits to comply with public charge determination requirements under INA §212(a)(4)(H); and (2) directing that any reference to “public charge” or “likely to become a public charge” in federal law or regulations be construed consistent with this Act’s amendments.
This section establishes an effective date for the Act's amendments of 180 days after enactment, with the amendments applying to all applications for visas, admission, or adjustment of status pending on or filed after such date.