Rep. Troy E. Nehls and Senator Roger Marshall Introduce Public Charge Clarification Act of 2025

WASHINGTON, D.C. —Today, Congressman Troy E. Nehls (R-TX-22) and Senator Roger Marshall (R-KS) introduced the bicameral Public Charge Clarification Act of 2025, which restores the “public charge” ground of inadmissibility in the Immigration and Nationality Act (INA) by codifying the core elements of a Proposed Rule put forth by the Department of Homeland Security (DHS) in 2018. The 2018 Proposed Rule was a rigorous definition that would have set strict requirements for affidavits of support and public charge bonds. 

 The “public charge” standard was intended to ensure that aliens entering the United States, or attempting to change their immigration status, are self-sufficient and do not rely on public resources for their subsistence. Unfortunately, in 2022, the Biden Administration issued a revision to the Trump Administration’s 2019 “public charge” rule, radically narrowing the definition of a “public charge,” exempting the use of many taxpayer-funded benefits—including most Medicaid benefits, Supplemental Nutrition Assistance Program (SNAP), and vital housing assistance—from consideration in granting permanent residency to aliens. 

 The Public Charge Clarification Act of 2025 would correct the failures of the Biden Administration by establishing a robust statutory framework for evaluating whether an individual is likely to become a public charge. 

“If an alien will be a drain on critical resources that Americans fall back on, they shouldn’t be admissible into our country,” said Congressman Nehls. “I’m proud to introduce commonsense legislation that protects hardworking American taxpayers, discourages benefit-seeking immigration, and restores the fundamental requirement that the individuals seeking the privilege of living in our great country must be able to support themselves."

“For too long, hardworking Americans have been left high and dry while Washington props up a broken immigration system that rewards dependence,” said Senator Marshall. “If we truly want to put America First, immigrants coming to our country should contribute — not rely on taxpayers. The Public Charge Clarification Act of 2025 does exactly that by reversing Biden’s disastrous policies and codifying the Department of Homeland Security’s commonsense 2018 proposed standard that puts American families first.”

The Public Charge Clarification Act of 2025 would: 

·   Expand benefit consideration by mandating that adjudicators consider any past or future use of means-tested public benefits in a “totality of circumstances” assessment. 

·   Solidify the requirement for a financial sponsor to demonstrate income at a level that prevents future government dependency. 

·   Establish clear requirements for public charge bonds, including a minimum amount of $10,000 which is forfeited if the alien becomes a public charge within 10 years of admission or adjustment of status. 

·   Ensure that affidavits of support are legally binding and comply with newly established requirements to guarantee that sponsors, not taxpayers, are responsible for an aliens’ financial well-being. 

Original cosponsors of this legislation include Representatives Barry Moore (R-AL-01), Glenn Grothman (R-WI-06), Chip Roy (R-TX-21), Paul Gosar (R-AZ-09),Wesley Hunt (R-TX-38), Ronny Jackson (R-TX-13), Brandon Gill (R-TX-26), Mark Harris (R-NC-08), and Randy Weber (R-TX-14).

Read the Breitbart exclusive HERE.