§ 1601. — Statements of national policy concerning welfare and immigration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1601]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
Sec. 1601. Statements of national policy concerning welfare and
immigration
The Congress makes the following statements concerning national
policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United States
immigration law since this country's earliest immigration statutes.
(2) It continues to be the immigration policy of the United
States that--
(A) 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
(B) the availability of public benefits not constitute an
incentive for immigration to the United States.
(3) Despite the principle of self-sufficiency, aliens have been
applying for and receiving public benefits from Federal, State, and
local governments at increasing rates.
(4) 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.
(5) 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.
(6) It is a compelling government interest to remove the
incentive for illegal immigration provided by the availability of
public benefits.
(7) 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, Sec. 400, Aug. 22, 1996, 110 Stat. 2260.)
References in Text
This chapter, referred to in par. (7), was in the original ``this
title'' meaning title IV of Pub. L. 104-193, Aug. 22, 1996, 110 Stat.
2260, as amended, which enacted this chapter, section 1183a of this
title, and sections 611a and 1437y of Title 42, The Public Health and
Welfare, amended section 1383 of this title, sections 32 and 6213 of
Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title
42, and enacted provisions set out as notes under section 1183a of this
title and section 32 of Title 26. For complete classification of title
IV to the Code, see Tables.
