Senator Marshall & Congressman Nehls Introduce Legislation to Restore Self-Sufficiency in Immigration Standards
Washington–On Thursday, Senator Roger Marshall, M.D. (R-Kansas) and Congressman Troy Nehls (R-Texas) 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 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.
“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 Biden Administration not only scrapped President Trump’s effective border security policies, which kept the American people safe from illegal aliens coming from all corners of the world, but also altered policies that safeguarded public benefits meant for American citizens, to allow for foreign nationals to drain these vital resources and encouraged dependency on these programs,” said Congressman Nehls. “It’s simple—if an alien will be a drain on critical resources that Americans fall back on during hard times, they shouldn’t be admissible. I’m proud to introduce legislation that protects American taxpayers, discourages benefit-seeking immigration, and restores the fundamental requirement that those seeking the privilege of living in the United States must be able to support themselves.”
This legislation is co-sponsored by Senator Rick Scott (R-Florida).
“The Biden administration’s inconsistent and weak enforcement of our border policies and use of taxpayer dollars have allowed illegal aliens to drain taxpayer resources while crime surged. The Public Charge Clarification Act codifies President Trump’s effort to provide clear and fair standards, strengthens accountability to safeguard the opportunity of living the American Dream for those who come ready to work and succeed,” said Senator Scott.
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 alien’s financial well-being.
Click here to read the full text of the legislation.
