CHAPTER 14 - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
Title 8 > CHAPTER 14
Sections (19)
§ 1601 Statements of national policy concerning welfare and immigration
The Congress makes the following statements concerning national policy with respect to welfare and immigration: Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes. It continues to be the immigration policy of the United States that— aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations, and the availability of public benefits not constitute an incentive for immigration to the United States. Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates. Current eligibility rules for public assistance and unenforceable financial support agreements have proved wholly incapable of assuring that individual aliens not burden the public benefits system. It is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy. It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits. With respect to the State authority to make determinations concerning the eligibility of qualified aliens for public benefits in this chapter, a State that chooses to follow the Federal classification in determining the eligibility of such aliens for public assistance shall be considered to have chosen the least restrictive means available for achieving the compelling governmental interest of assuring that aliens be self-reliant in accordance with national immigration policy. ( Pub. L. 104–193, title IV, § 400 , Aug. 22, 1996 , 110 Stat. 2260 .)
§ 1611 Aliens who are not qualified aliens ineligible for Federal public benefits
(a) In general Notwithstanding any other provision of law and except as provided in subsection (b), an alien who is not a qualified alien (as defined in section 1641 of this title ) is not eligible for any Federal public benefit (as defined in subsection (c)).
(b) Exceptions Subsection (a) shall not apply with respect to the following Federal public benefits: Medical assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.] (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act [ 42 U.S.C. 1396b(v)(3) ]) of the alien involved and are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or assistance under title IV of such Act [ 42 U.S.C. 601 et seq.], supplemental security income benefits under title XVI of such Act [ 42 U.S.C. 1381 et seq.], or a State supplementary payment). Short-term, non-cash, in-kind emergency disaster relief. Public health assistance (not including any assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (iii) are necessary for the protection of life or safety. Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development, any program under title V of the Housing Act of 1949 [ 42 U.S.C. 1471 et seq.], or any assistance under section 1926c of title 7 , to the extent that the alien is receiving such a benefit on August 22, 1996 . Subsection (a) shall not apply to any benefit payable under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General, to any benefit if nonpayment of such benefit would contravene an international agreement described in section 233 of the Social Security Act [ 42 U.S.C. 433 ], to any benefit if nonpayment would be contrary to section 202(t) of the Social Security Act [ 42 U.S.C. 402(t) ], or to any benefit payable under title II of the Social Security Act to which entitlement is based on an application filed in or before August 1996. Subsection (a) shall not apply to any benefit payable under title XVIII of the Social Security Act [ 42 U.S.C. 1395 et seq.] (relating to the medicare program) to an alien who is lawfully present in the United States as determined by the Attorney General and, with respect to benefits payable under part A of such title [ 42 U.S.C. 1395c et seq.], who was authorized to be employed with respect to any wages attributable to employment which are counted for purposes of eligibility for such benefits. Subsection (a) shall not apply to any benefit payable under the Railroad Retirement Act of 1974 [ 45 U.S.C. 231 et seq.] or the Railroad Unemployment Insurance Act [ 45 U.S.C. 351 et seq.] to an alien who is lawfully present in the United States as determined by the Attorney General or to an alien residing outside the United States. Subsection (a) shall not apply to eligibility for benefits for the program defined in section 1612(a)(3)(A) of this title (relating to the supplemental security income program), or to eligibility for benefits under any other program that is based on eligibility for benefits under the program so defined, for an alien who was receiving such benefits on August 22, 1996 .
(c) “Federal public benefit” defined Except as provided in paragraph (2), for purposes of this chapter the term “Federal public benefit” means— any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States. Such term shall not apply— to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect; with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.] qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Attorney General, after consultation with the Secretary of State; or to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.
§ 1612 Limited eligibility of qualified aliens for certain Federal programs
(a) Limited eligibility for specified Federal programs Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in section 1641 of this title ) is not eligible for any specified Federal program (as defined in paragraph (3)). With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 years after the date— an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ]; an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ]; an alien’s deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104–208 ); an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or an alien is admitted to the United States as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101(e) of Public Law 100–202 and amended by the 9th proviso under migration and refugee assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100–461 , as amended). Paragraph (1) shall not apply to an alien who— is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]; and has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title , and (II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996 , did not receive any Federal means-tested public benefit (as provided under section 1613 of this title ) during any such period. Paragraph (1) shall not apply to an alien who is lawfully residing in any State and is— a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38 , on active duty (other than active duty for training) in the Armed Forces of the United States, or the spouse or unmarried dependent child of an individual described in clause (i) or (ii) or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38 . With respect to the specified Federal program described in paragraph (3)(A), during the period beginning on August 22, 1996 , and ending on September 30, 1998 , the Commissioner of Social Security shall redetermine the eligibility of any individual who is receiving benefits under such program as of August 22, 1996 , and whose eligibility for such benefits may terminate by reason of the provisions of this subsection. With respect to any redetermination under subclause (I), the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under such program. The provisions of this subsection and the redetermination under subclause (I), shall only apply with respect to the benefits of an individual described in subclause (I) for months beginning on or after September 30, 1998 . Not later than March 31, 1997 , the Commissioner of Social Security shall notify an individual described in subclause (I) of the provisions of this clause. With respect to the specified Federal program described in paragraph (3)(B), ineligibility under paragraph (1) shall not apply until April 1, 1997 , to an alien who received benefits under such program on August 22, 1996 , unless such alien is determined to be ineligible to receive such benefits under the Food Stamp Act of 1977 1 [ 7 U.S.C. 2011 et seq.]. The State agency shall recertify the eligibility of all such aliens during the period beginning April 1, 1997 , and ending August 22, 1997 . With respect to any recertification under subclause (I), the State agency shall apply the eligibility criteria for applicants for benefits under such program. The provisions of this subsection and the recertification under subclause (I) shall only apply with respect to the eligibility of an alien for a program for months beginning on or after the date of recertification, if on August 22, 1996 , the alien is lawfully residing in any State and is receiving benefits under such program on August 22, 1996 . With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is lawfully residing in the United States and who was receiving such benefits on August 22, 1996 . With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien who— in the case of the specified Federal program described in paragraph (3)(A)— was lawfully residing in the United States on August 22, 1996 ; and is blind or disabled (as defined in paragraph (2) or (3) of section 1614(a) of the Social Security Act ( 42 U.S.C. 1382c(a) )); and in the case of the specified Federal program described in paragraph (3)(B), is receiving benefits or assistance for blindness or disability (within the meaning of section 3(j) of the Food Stamp Act of 1977 1 ( 7 U.S.C. 2012(r) )). 2 With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), section 1611(a) of this title and paragraph (1) shall not apply to any individual— who is an American Indian born in Canada to whom the provisions of section 289 of the Immigration and Nationality Act ( 8 U.S.C. 1359 ) apply; or who is a member of an Indian tribe (as defined in section 5304(e) of title 25 ). With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to any individual— who is receiving benefits under such program for months after July 1996 on the basis of an application filed before January 1, 1979 ; and with respect to whom the Commissioner of Social Security lacks clear and convincing evidence that such individual is an alien ineligible for such benefits as a result of the application of this section. With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who on August 22, 1996 — was lawfully residing in the United States; and was 65 years of age or older. With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who is under 18 years of age. With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to— any individual who— is lawfully residing in the United States; and was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in section 101 of title 38 ); the spouse, or an unmarried dependent child, of such an individual; or the unremarried surviving spouse of such an individual who is deceased. With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any qualified alien who has resided in the United States with a status within the meaning of the term “qualified alien” for a period of 5 years or more beginning on the date of the alien’s entry into the United States. Subject to clause (ii), with respect to eligibility for benefits under subparagraph (A) for the specified Federal program described in paragraph (3)(A) of qualified aliens (as defined in section 1641(b) of this title ) and victims of trafficking in persons (as defined in section 7105(b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(T)(ii) ]), the 7-year period described in subparagraph (A) shall be deemed to be a 9-year period during fiscal years 2009 through 2011 in the case of such a qualified alien or victim of trafficking who furnishes to the Commissioner of Social Security the declaration required under subclause (IV) (if applicable) and is described in subclause (III). Subject to clause (ii), beginning on September 30, 2008 , any qualified alien (as defined in section 1641(b) of this title ) or victim of trafficking in persons (as defined in section 7105(b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(T)(ii) ]) rendered ineligible for the specified Federal program described in paragraph (3)(A) during the period beginning on August 22, 1996 , and ending on September 30, 2008 , solely by reason of the termination of the 7-year period described in subparagraph (A) shall be eligible for such program for an additional 2-year period in accordance with this clause, if such qualified alien or victim of trafficking meets all other eligibility factors under title XVI of the Social Security Act [ 42 U.S.C. 1381 et seq.], furnishes to the Commissioner of Social Security the declaration required under subclause (IV) (if applicable), and is described in subclause (III). For purposes of subclauses (I) and (II), a qualified alien or victim of trafficking described in this subclause is an alien or victim who— has been a lawful permanent resident for less than 6 years and such status has not been abandoned, rescinded under section 246 of the Immigration and Nationality Act [ 8 U.S.C. 1256 ], or terminated through removal proceedings under section 240 of the Immigration and Nationality Act [ 8 U.S.C. 1229a ], and the Commissioner of Social Security has verified such status, through procedures established in consultation with the Secretary of Homeland Security; has filed an application, within 4 years from the date the alien or victim began receiving supplemental security income benefits, to become a lawful permanent resident with the Secretary of Homeland Security, and the Commissioner of Social Security has verified, through procedures established in consultation with such Secretary, that such application is pending; has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 ( Public Law 96–422 ), for purposes of the specified Federal program described in paragraph (3)(A); has had his or her deportation withheld by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ), or whose removal is withheld under section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ]; has not attained age 18; or has attained age 70. For purposes of subclauses (I) and (II), the declaration required under this subclause of a qualified alien or victim of trafficking described in either such subclause is a declaration under penalty of perjury stating that the alien or victim has made a good faith effort to pursue United States citizenship, as determined by the Secretary of Homeland Security. The Commissioner of Social Security shall develop criteria as needed, in consultation with the Secretary of Homeland Security, for consideration of such declarations. A qualified alien or victim of trafficking described in subclause (I) or (II) who has not attained age 18 shall not be required to furnish to the Commissioner of Social Security a declaration described in item (aa) as a condition of being eligible for the specified Federal program described in paragraph (3)(A) for an additional 2-year period in accordance with this clause. Benefits paid to a qualified alien or victim described in subclause (II) shall be paid prospectively over the duration of the qualified alien’s or victim’s renewed eligibility. With respect to eligibility for benefits for the specified program described in paragraph (3)(A), paragraph (1) shall not apply during fiscal years 2009 through 2011 to an alien described in one of clauses (i) through (v) of subparagraph (A) or a victim of trafficking in persons (as defined in section 7105(b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a)(15)(T)(ii) ]), if such alien or victim (including any such alien or victim rendered ineligible for the specified Federal program described in paragraph (3)(A) during the period beginning on August 22, 1996 , and ending on September 30, 2008 , solely by reason of the termination of the 7-year period described in subparagraph (A)) has filed an application for naturalization that is pending before the Secretary of Homeland Security or a United States district court based on section 336(b) of the Immigration and Nationality Act [ 8 U.S.C. 1447(b) ], or has been approved for naturalization but not yet sworn in as a United States citizen, and the Commissioner of Social Security has verified, through procedures established in consultation with the Secretary of Homeland Security, that such application is pending or has been approved. With respect to eligibility for benefits for any specified Federal program, paragraph (1) shall not apply to any individual who lawfully resides in the United States in accordance with section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. For purposes of this chapter, the term “specified Federal program” means any of the following: The supplemental security income program under title XVI of the Social Security Act [ 42 U.S.C. 1381 et seq.], including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act [ 42 U.S.C. 1382e(a) ] and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66 . The food stamp program as defined in section 3( l ) of the Food Stamp Act of 1977. 1
(b) Limited eligibility for designated Federal programs Notwithstanding any other provision of law and except as provided in section 1613 of this title and paragraph (2), a State is authorized to determine the eligibility of an alien who is a qualified alien (as defined in section 1641 of this title ) for any designated Federal program (as defined in paragraph (3)). Qualified aliens under this paragraph shall be eligible for any designated Federal program. With respect to the designated Federal program described in paragraph (3)(C), paragraph (1) shall not apply to an alien until 7 years after the date— an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ]; an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ]; an alien’s deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104–208 ); an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or an alien 3 admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) 1 until 5 years after the date of such alien’s entry into the United States. With respect to the designated Federal programs under paragraph (3) (other than subparagraph (C)), paragraph (1) shall not apply to an alien until 5 years after the date— an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ]; an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ]; an alien’s deportation is withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104–208 ); an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or an alien 3 admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) 1 until 5 years after the date of such alien’s entry into the United States. An alien who— is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]; and has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title , and (II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996 , did not receive any Federal means-tested public benefit (as provided under section 1613 of this title ) during any such period. An alien who is lawfully residing in any State and is— a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38 , on active duty (other than active duty for training) in the Armed Forces of the United States, or the spouse or unmarried dependent child of an individual described in clause (i) or (ii) or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38 . An alien who on August 22, 1996 , is lawfully residing in any State and is receiving benefits under such program on August 22, 1996 , shall continue to be eligible to receive such benefits until January 1, 1997 . With respect to eligibility for benefits for the program defined in paragraph (3)(C) (relating to the medicaid program), section 1611(a) of this title and paragraph (1) shall not apply to any individual described in subsection (a)(2)(G). An alien who is receiving benefits under the program defined in subsection (a)(3)(A) (relating to the supplemental security income program) shall be eligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) under the same terms and conditions that apply to other recipients of benefits under the program defined in such subsection. With respect to eligibility for benefits for any designated Federal program, paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts. For purposes of this chapter, the term “designated Federal program” means any of the following: The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act [ 42 U.S.C. 601 et seq.]. The program of block grants to States for social services under title XX of the Social Security Act [ 42 U.S.C. 1397 et seq.]. A State plan approved under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.], other than medical assistance described in section 1611(b)(1)(A) of this title .
§ 1613 Five-year limited eligibility of qualified aliens for Federal means-tested public benefit
(a) In general Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d), an alien who is a qualified alien (as defined in section 1641 of this title ) and who enters the United States on or after August 22, 1996 , is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States with a status within the meaning of the term “qualified alien”.
(b) Exceptions The limitation under subsection (a) shall not apply to the following aliens: An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ]. An alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ]. An alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104–208 ). An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980. An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 1 of this title. An alien who is lawfully residing in any State and is— a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38 , on active duty (other than active duty for training) in the Armed Forces of the United States, or the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 2 who is deceased if the marriage fulfills the requirements of section 1304 of title 38 . An individual described in section 1612(b)(2)(G) of this title .
(c) Application of term Federal means-tested public benefit The limitation under subsection (a) shall not apply to assistance or benefits under paragraph (2). Assistance and benefits under this paragraph are as follows: Medical assistance described in section 1611(b)(1)(A) of this title . Short-term, non-cash, in-kind emergency disaster relief. Assistance or benefits under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 et seq.]. Assistance or benefits under the Child Nutrition Act of 1966 [ 42 U.S.C. 1771 et seq.]. Public health assistance (not including any assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act [ 42 U.S.C. 620 et seq., 670 et seq.] for a parent or a child who would, in the absence of subsection (a), be eligible to have such payments made on the child’s behalf under such part, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 1641 of this title ). Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (iii) are necessary for the protection of life or safety. Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965 [ 20 U.S.C. 1070 et seq., 1101 et seq., 1134 et seq., 1135 et seq.], and titles III, VII, and VIII of the Public Health Service Act [ 42 U.S.C. 241 et seq., 292 et seq., 296 et seq.]. Means-tested programs under the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6301 et seq.]. Benefits under the Head Start Act [ 42 U.S.C. 9831 et seq.]. Benefits under title I of the Workforce Innovation and Opportunity Act [ 29 U.S.C. 3111 et seq.]. Assistance or benefits provided to individuals under the age of 18 under the Food Stamp Act of 1977 1 ( 7 U.S.C. 2011 et seq.).
(d) Benefits for certain groups Notwithstanding any other provision of law, the limitations under section 1611(a) of this title and subsection (a) shall not apply to— an individual described in section 1612(a)(2)(G) of this title , but only with respect to the programs specified in subsections (a)(3) and (b)(3)(C) of section 1612 of this title ; or an individual, spouse, or dependent described in section 1612(a)(2)(K) of this title , but only with respect to the specified Federal program described in section 1612(a)(3)(B) of this title .
§ 1614 Notification and information reporting
Each Federal agency that administers a program to which section 1611, 1612, or 1613 of this title applies shall, directly or through the States, post information and provide general notification to the public and to program recipients of the changes regarding eligibility for any such program pursuant to this subchapter. ( Pub. L. 104–193, title IV, § 404(a) , Aug. 22, 1996 , 110 Stat. 2267 .)
§ 1615 Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts
(a) School lunch and breakfast programs Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) on the basis of citizenship, alienage, or immigration status.
(b) Other programs Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in section 1641(b) of this title , benefits under programs established under the provisions of law described in paragraph (2). The provisions of law described in this paragraph are the following: Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.). Section 4 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note). The Emergency Food Assistance Act of 1983 [7 U.S.C 7501 et seq.]. The food distribution program on Indian reservations established under section 2013(b) of title 7 .
§ 1621 Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits
(a) In general Notwithstanding any other provision of law and except as provided in subsections (b) and (d), an alien who is not— a qualified alien (as defined in section 1641 of this title ), a nonimmigrant under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) ] for less than one year, is not eligible for any State or local public benefit (as defined in subsection (c)).
(b) Exceptions Subsection (a) shall not apply with respect to the following State or local public benefits: Assistance for health care items and services that are necessary for the treatment of an emergency medical condition (as defined in section 1396b(v)(3) of title 42 ) of the alien involved and are not related to an organ transplant procedure. Short-term, non-cash, in-kind emergency disaster relief. Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (C) are necessary for the protection of life or safety.
(c) “State or local public benefit” defined Except as provided in paragraphs (2) and (3), for purposes of this subchapter the term “State or local public benefit” means— any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government. Such term shall not apply— to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect; with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.] qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General; or to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States. Such term does not include any Federal public benefit under section 1611(c) of this title .
(d) State authority to provide for eligibility of illegal aliens for State and local public benefits A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) only through the enactment of a State law after August 22, 1996 , which affirmatively provides for such eligibility.
§ 1622 State authority to limit eligibility of qualified aliens for State public benefits
(a) In general Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in section 1641 of this title ), a nonimmigrant under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) ] for less than one year.
(b) Exceptions Qualified aliens under this subsection shall be eligible for any State public benefits. An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ] until 5 years after the date of an alien’s entry into the United States. An alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ] until 5 years after the date of such grant of asylum. An alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104–208 ) until 5 years after such withholding. An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 until 5 years after the alien is granted such status. An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 1 of this title. An alien who— is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]; and has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title , and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996 , did not receive any Federal means-tested public benefit (as provided under section 1613 of this title ) during any such period. An alien who is lawfully residing in any State and is— a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38 , on active duty (other than active duty for training) in the Armed Forces of the United States, or the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 2 who is deceased if the marriage fulfills the requirements of section 1304 of title 38 . An alien who on August 22, 1996 , is lawfully residing in any State and is receiving benefits on August 22, 1996 , shall continue to be eligible to receive such benefits until January 1, 1997 .
§ 1623 Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits
(a) In general Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
(b) Effective date This section shall apply to benefits provided on or after July 1, 1998 .
§ 1624 Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance
(a) In general Subject to subsection (b) and notwithstanding any other provision of law, a State or political subdivision of a State is authorized to prohibit or otherwise limit or restrict the eligibility of aliens or classes of aliens for programs of general cash public assistance furnished under the law of the State or a political subdivision of a State.
(b) Limitation The authority provided for under subsection (a) may be exercised only to the extent that any prohibitions, limitations, or restrictions imposed by a State or political subdivision of a State are not more restrictive than the prohibitions, limitations, or restrictions imposed under comparable Federal programs. For purposes of this section, attribution to an alien of a sponsor’s income and resources (as described in section 1631 of this title ) for purposes of determining eligibility for, and the amount of, benefits shall be considered less restrictive than a prohibition of eligibility for such benefits.
§ 1625 Authorization for verification of eligibility for State and local public benefits
A State or political subdivision of a State is authorized to require an applicant for State and local public benefits (as defined in section 1621(c) of this title ) to provide proof of eligibility. ( Pub. L. 104–193, title IV, § 413 , as added Pub. L. 105–33, title V, § 5307(a) , Aug. 5, 1997 , 111 Stat. 602 .)
§ 1631 Federal attribution of sponsor’s income and resources to alien
(a) In general Notwithstanding any other provision of law, in determining the eligibility and the amount of benefits of an alien for any Federal means-tested public benefits program (as provided under section 1613 of this title ), the income and resources of the alien shall be deemed to include the following: The income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act [ 8 U.S.C. 1183a ] (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) on behalf of such alien. The income and resources of the spouse (if any) of the person.
(b) Duration of attribution period Subsection (a) shall apply with respect to an alien until such time as the alien— achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act [ 8 U.S.C. 1421 et seq.]; or has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title , and (B) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996 , did not receive any Federal means-tested public benefit (as provided under section 1613 of this title ) during any such period.
(c) Review of income and resources of alien upon reapplication Whenever an alien is required to reapply for benefits under any Federal means-tested public benefits program, the applicable agency shall review the income and resources attributed to the alien under subsection (a).
(d) Application If on August 22, 1996 , a Federal means-tested public benefits program attributes a sponsor’s income and resources to an alien in determining the alien’s eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning on the day after August 22, 1996 . If on August 22, 1996 , a Federal means-tested public benefits program does not attribute a sponsor’s income and resources to an alien in determining the alien’s eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning 180 days after August 22, 1996 . This section shall not apply to assistance or benefits under the Food Stamp Act of 1977 1 ( 7 U.S.C. 2011 et seq.) to the extent that a qualified alien is eligible under section 1612(a)(2)(J) of this title .
(e) Indigence exception For an alien for whom an affidavit of support under section 213A of the Immigration and Nationality Act [ 8 U.S.C. 1183a ] has been executed, if a determination described in paragraph (2) is made, the amount of income and resources of the sponsor or the sponsor’s spouse which shall be attributed to the sponsored alien shall not exceed the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date. A determination described in this paragraph is a determination by an agency that a sponsored alien would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, taking into account the alien’s own income, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. The agency shall notify the Attorney General of each such determination, including the names of the sponsor and the sponsored alien involved.
(f) Special rule for battered spouse and child Subject to paragraph (2) and notwithstanding any other provision of this section, subsection (a) shall not apply to benefits— during a 12 month period if the alien demonstrates that (i) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the alien and the spouse or parent consented to or acquiesced to such battery or cruelty, (ii) the alien’s child has been battered or subjected to extreme cruelty in the United States by the spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse’s or parent’s family residing in the same household as the alien when the spouse or parent consented or acquiesced to and the alien did not actively participate in such battery or cruelty, or (iii) the alien is a child whose parent (who resides in the same household as the alien child) has been battered or subjected to extreme cruelty in the United States by that parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent and the spouse consented to, or acquiesced in, such battery or cruelty, and the battery or cruelty described in clause (i), (ii), or (iii) (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the public benefits applied for; and after a 12 month period (regarding the batterer’s income and resources only) if the alien demonstrates that such battery or cruelty under subparagraph (A) has been recognized in an order of a judge or administrative law judge or a prior determination of the Immigration and Naturalization Service, and that such battery or cruelty (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the benefits. The exception under paragraph (1) shall not apply to benefits for an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual who was subjected to such battery or cruelty.
§ 1632 Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs
(a) Optional application to State programs Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits, the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include— the income and resources of any individual who executed an affidavit of support pursuant to section 1183a of this title (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) on behalf of such alien, and the income and resources of the spouse (if any) of the individual.
(b) Exceptions Subsection (a) shall not apply with respect to the following State public benefits: Assistance described in section 1621(b)(1) of this title . Short-term, non-cash, in-kind emergency disaster relief. Programs comparable to assistance or benefits under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 et seq.]. Programs comparable to assistance or benefits under the Child Nutrition Act of 1966 [ 42 U.S.C. 1771 et seq.]. Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease. Payments for foster care and adoption assistance. Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (C) are necessary for the protection of life or safety.
§ 1641 Definitions
(a) In general Except as otherwise provided in this chapter, the terms used in this chapter have the same meaning given such terms in section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) ].
(b) Qualified alien For purposes of this chapter, the term “qualified alien” means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is— an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], an alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ], a refugee who is admitted to the United States under section 207 of such Act [ 8 U.S.C. 1157 ], an alien who is paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) ] for a period of at least 1 year, an alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208 ) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104–208 ), an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act [ 8 U.S.C. 1153(a)(7) ] as in effect prior to April 1, 1980 , an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980), or an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 1612(b)(2)(G) of this title .
(c) Treatment of certain battered aliens as qualified aliens For purposes of this chapter, the term “qualified alien” includes— an alien who— has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and has been approved or has a petition pending which sets forth a prima facie case for— status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act [ 8 U.S.C. 1154(a)(1)(A)(ii) , (iii), (iv)], classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the Act [ 8 U.S.C. 1154(a)(1)(B)(ii) , (iii)], suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act [ 8 U.S.C. 1254(a)(3) ] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996). 1 status as a spouse or child of a United States citizen pursuant to clause (i) of section 204(a)(1)(A) of such Act [ 8 U.S.C. 1154(a)(1)(A)(i) ], or classification pursuant to clause (i) of section 204(a)(1)(B) of such Act [ 8 U.S.C. 1154(a)(1)(B)(i) ]; 2 cancellation of removal pursuant to section 240A(b)(2) of such Act [ 8 U.S.C. 1229b(b)(2) ]; an alien— whose child has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and who meets the requirement of subparagraph (B) of paragraph (1); an alien child who— resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and who meets the requirement of subparagraph (B) of paragraph (1); or an alien who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(T) ) or who has a pending application that sets forth a prima facie case for eligibility for such nonimmigrant status. This subsection shall not apply to an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty. After consultation with the Secretaries of Health and Human Services, Agriculture, and Housing and Urban Development, the Commissioner of Social Security, and with the heads of such Federal agencies administering benefits as the Attorney General considers appropriate, the Attorney General shall issue guidance (in the Attorney General’s sole and unreviewable discretion) for purposes of this subsection and section 1631(f) of this title , concerning the meaning of the terms “battery” and “extreme cruelty”, and the standards and methods to be used for determining whether a substantial connection exists between battery or cruelty suffered and an individual’s need for benefits under a specific Federal, State, or local program.
§ 1642 Verification of eligibility for Federal public benefits
(a) In general Not later than 18 months after August 22, 1996 , the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall promulgate regulations requiring verification that a person applying for a Federal public benefit (as defined in section 1611(c) of this title ), to which the limitation under section 1611 of this title applies, is a qualified alien and is eligible to receive such benefit. Such regulations shall, to the extent feasible, require that information requested and exchanged be similar in form and manner to information requested and exchanged under section 1320b–7 of title 42 . Not later than 90 days after August 5, 1997 , the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall issue interim verification guidance. Not later than 18 months after August 22, 1996 , the Attorney General, in consultation with the Secretary of Health and Human Services, shall also establish procedures for a person applying for a Federal public benefit (as defined in section 1611(c) of this title ) to provide proof of citizenship in a fair and nondiscriminatory manner. Not later than 90 days after August 5, 1997 , the Attorney General shall promulgate regulations which set forth the procedures by which a State or local government can verify whether an alien applying for a State or local public benefit is a qualified alien, a nonimmigrant under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], or an alien paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act [ 8 U.S.C. 1182(d)(5) ] for less than 1 year, for purposes of determining whether the alien is ineligible for benefits under section 1621 of this title .
(b) State compliance Not later than 24 months after the date the regulations described in subsection (a) are adopted, a State that administers a program that provides a Federal public benefit shall have in effect a verification system that complies with the regulations.
(c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the purpose of this section.
(d) No verification requirement for nonprofit charitable organizations Subject to subsection (a), a nonprofit charitable organization, in providing any Federal public benefit (as defined in section 1611(c) of this title ) or any State or local public benefit (as defined in section 1621(c) of this title ), is not required under this chapter to determine, verify, or otherwise require proof of eligibility of any applicant for such benefits.
§ 1643 Statutory construction
(a) Limitation Nothing in this chapter may be construed as an entitlement or a determination of an individual’s eligibility or fulfillment of the requisite requirements for any Federal, State, or local governmental program, assistance, or benefits. For purposes of this chapter, eligibility relates only to the general issue of eligibility or ineligibility on the basis of alienage. Nothing in this chapter may be construed as addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler v. Doe (457 U.S. 202)(1982).
(b) Benefit eligibility limitations applicable only with respect to aliens present in United States Notwithstanding any other provision of this chapter, the limitations on eligibility for benefits under this chapter shall not apply to eligibility for benefits of aliens who are not residing, or present, in the United States with respect to— wages, pensions, annuities, and other earned payments to which an alien is entitled resulting from employment by, or on behalf of, a Federal, State, or local government agency which was not prohibited during the period of such employment or service under section 274A [ 8 U.S.C. 1324a ] or other applicable provision of the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]; or benefits under laws administered by the Secretary of Veterans Affairs.
(c) Not applicable to foreign assistance This chapter does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General.
(d) Severability If any provision of this chapter or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this chapter and the application of the provisions of such to any person or circumstance shall not be affected thereby.
§ 1644 Communication between State and local government agencies and Immigration and Naturalization Service
Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States. ( Pub. L. 104–193, title IV, § 434 , Aug. 22, 1996 , 110 Stat. 2275 .)
§ 1645 Qualifying quarters
For purposes of this chapter, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] an alien shall be credited with— all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien before the date on which the alien attains age 18, and all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased. No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996 , may be credited to an alien under paragraph (1) or (2) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section 1613 of this title ) during the period for which such qualifying quarter of coverage is so credited. Notwithstanding section 6103 of title 26 , the Commissioner of Social Security is authorized to disclose quarters of coverage information concerning an alien and an alien’s spouse or parents to a government agency for the purposes of this chapter. ( Pub. L. 104–193, title IV, § 435 , Aug. 22, 1996 , 110 Stat. 2275 ; Pub. L. 105–33, title V, § 5573 , Aug. 5, 1997 , 111 Stat. 641 .)
§ 1646 Derivative eligibility for benefits
Notwithstanding any other provision of law, an alien who under the provisions of this chapter is ineligible for benefits under the food stamp program (as defined in section 1612(a)(3)(B) of this title ) shall not be eligible for such benefits because the alien receives benefits under the supplemental security income program (as defined in section 1612(a)(3)(A) of this title ). ( Pub. L. 104–193, title IV, § 436 , as added Pub. L. 105–33, title V, § 5305(a) , Aug. 5, 1997 , 111 Stat. 601 .)