Findings

Congress finds the following: (1) Section 212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) establishes that an alien who, in the opinion of the consular officer or the Attorney General, is likely at any time to become a public charge is inadmissible. (2) Congress has laid out specific factors to be considered in determining whether an alien is likely to become a public charge, including the alien’s age, health, family status, assets, resources, financial status, education, and skills, as well as any affidavit of support under section 213A. (3) These statutory factors have not been faithfully applied in the intended totality of the circumstances analysis by executive agencies, leading to inconsistent and overly permissive interpretations that undermine congressional intent to ensure self-sufficiency among immigrants. (4) The proposed rule entitled Inadmissibility on Public Charge Grounds, published by the Department of Homeland Security in the Federal Register on October 10, 2018 (83 FR 51114), provided a clear framework for identifying public benefits that render an alien a public charge, including both monetizable and non-monetizable benefits. (5) To protect American taxpayers and promote immigrant self-sufficiency, it is necessary to codify and expand upon this framework, ensuring that all current and future government benefits are considered in public charge determinations.