Findings

Congress finds the following: (1) Section 212(a)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)(A)) establishes that an alien who, in the opinion of the consular officer or the Director of U.S. Citizenship and Immigration Services, is likely at any time to become a public charge is inadmissible. (2) In section 212(a)(4)(B) of such Act, Congress 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, and any affidavit of support executed by a sponsor of such alien in accordance with section 213A(a)(1) of such Act (8 U.S.C. 1183a(a)(1)). (3) These statutory factors have not been faithfully applied in the intended totality of the circumstances analysis by executive agencies, which has resulted in inconsistent and overly permissive interpretations that undermine congressional intent to ensure self-sufficiency among new immigrants. (4) The proposed rule entitled Inadmissibility on Public Charge Grounds (83 Fed. Reg. 51114), which was published in the Federal Register by U.S. Citizenship and Immigration Services on October 10, 2018, 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.