Congressman Troy E. Nehls (R-TX-22) and Senator Roger Marshall (R-KS) have introduced the Public Charge Clarification Act of 2025, a bill aimed at restoring the “public charge” ground of inadmissibility in U.S. immigration law. The legislation seeks to codify elements from a 2018 Department of Homeland Security (DHS) proposed rule, which included stricter requirements for affidavits of support and public charge bonds.
The “public charge” standard is designed to ensure that individuals entering or adjusting their status in the United States are self-sufficient and do not rely on public resources. In 2022, the Biden Administration revised the Trump-era 2019 “public charge” rule, narrowing its definition and excluding several taxpayer-funded benefits such as most Medicaid programs, Supplemental Nutrition Assistance Program (SNAP), and key housing assistance from consideration when granting permanent residency.
The new bill aims to reverse these changes by establishing a 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.”
Senator Marshall added: “For too long, hardworking Americans have been left high and dry while Washington props up a broken immigration system that rewards dependence. 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.”
Key provisions in the bill include expanding benefit consideration so adjudicators review any past or future use of means-tested public benefits under a totality-of-circumstances assessment; requiring financial sponsors to demonstrate sufficient income; setting clear requirements for public charge bonds with a minimum amount of $10,000 forfeited if dependency occurs within ten years; and ensuring affidavits of support are legally binding so sponsors—not taxpayers—are responsible for financial support.
Original cosponsors are 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).
Troy Nehls has secured his congressional seat through multiple election victories: he won against Sri Preston Kulkarni in 2020 with 51.5% of the vote; against Jamie Jordan in 2022 with 62.2%; and against Marquette Greene-Scott in 2024 with 62.1%.
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