§ 1611. — Aliens who are not qualified aliens ineligible for Federal public benefits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1611]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER I--ELIGIBILITY FOR FEDERAL BENEFITS
Sec. 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) of this section, 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) of this section).
(b) Exceptions
(1) Subsection (a) of this section shall not apply with respect to
the following Federal public benefits:
(A) 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).
(B) Short-term, non-cash, in-kind emergency disaster relief.
(C) 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.
(D) 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.
(E) 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.
(2) Subsection (a) of this section 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.
(3) Subsection (a) of this section 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.
(4) Subsection (a) of this section 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.
(5) Subsection (a) of this section 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
(1) Except as provided in paragraph (2), for purposes of this
chapter the term ``Federal public benefit'' means--
(A) 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
(B) 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.
(2) Such term shall not apply--
(A) 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;
(B) 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
(C) 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.
(Pub. L. 104-193, title IV, Sec. 401, Aug. 22, 1996, 110 Stat. 2261;
Pub. L. 105-33, title V, Secs. 5561, 5565, Aug. 5, 1997, 111 Stat. 638,
639; Pub. L. 105-306, Secs. 2, 5(a), Oct. 28, 1998, 112 Stat. 2926,
2927.)
References in Text
The Social Security Act, referred to in subsec. (b), is act Aug. 14,
1935, ch. 531, 49 Stat. 620, as amended. Titles II, IV, XVI, XVIII, and
XIX of the Act are classified generally to subchapters II (Sec. 401 et
seq.), IV (Sec. 601 et seq.), XVI (Sec. 1381 et seq.), XVIII (Sec. 1395
et seq.), and XIX (Sec. 1396 et seq.), respectively, of chapter 7 of
Title 42, The Public Health and Welfare. Part A of title XVIII of the
Act is classified generally to part A (Sec. 1395c et seq.) of subchapter
XVIII of chapter 7 of Title 42. For complete classification of this Act
to the Code, see section 1305 of Title 42 and Tables.
The Housing Act of 1949, referred to in subsec. (b)(1)(E), is act
July 15, 1949, ch. 338, 63 Stat. 413, as amended. Title V of the Act is
classified generally to subchapter III (Sec. 1471 et seq.) of chapter 8A
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 1441
of Title 42 and Tables.
The Railroad Retirement Act of 1974, referred to in subsec. (b)(4),
is act Aug. 29, 1935, ch. 812, as amended generally by Pub. L. 93-445,
title I, Sec. 101, Oct. 16, 1974, 88 Stat. 1305, which is classified
generally to subchapter IV (Sec. 231 et seq.) of chapter 9 of Title 45,
Railroads. For further details and complete classification of this Act
to the Code, see Codification note set out preceding section 231 of
Title 45, section 231t of Title 45, and Tables.
The Railroad Unemployment Insurance Act, referred to in subsec.
(b)(4), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which
is classified principally to chapter 11 (Sec. 351 et seq.) of Title 45,
Railroads. For complete classification of this Act to the Code, see
Tables.
This chapter, referred to in subsec. (c)(1), was in the original
``this title'' meaning title IV of Pub. L. 104-193, Aug. 22, 1996, 110
Stat. 2260, 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.
Section 141 of the applicable compact of free association approved
in Public Law 99-239 or 99-658, referred to in subsec. (c)(2)(A), means
section 141 of the Compact of Free Association between the Government of
the United States and the Governments of the Marshall Islands and the
Federated States of Micronesia, which is contained in section 201 of
Pub. L. 99-239, set out as a note under section 1901 of Title 48,
Territories and Insular Possessions, and section 141 of the Compact of
Free Association between the United States and the Government of Palau,
which is contained in section 201 of Pub. L. 99-658, set out as a note
under section 1931 of Title 48.
The Immigration and Nationality Act, referred to in subsec.
(c)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended,
which is classified principally to chapter 12 (Sec. 1101 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 1101 of this title and Tables.
Amendments
1998--Subsec. (b)(5). Pub. L. 105-306, Sec. 2, added par. (5).
Subsec. (c)(2)(C). Pub. L. 105-306, Sec. 5(a), added subpar. (C).
1997--Subsec. (b)(3). Pub. L. 105-33, Sec. 5561(a), added par. (3).
Subsec. (b)(4). Pub. L. 105-33, Sec. 5561(b), added par. (4).
Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 5565, inserted before
semicolon ``, 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''.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-33 effective as if included in the
enactment of title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section
5582 of Pub. L. 105-33, set out as a note under section 1367 of this
title.
Abolition of Immigration and Naturalization Service and Transfer of
Functions
For abolition of Immigration and Naturalization Service, transfer of
functions, and treatment of related references, see note set out under
section 1551 of this title.
Additional Funding for State Emergency Health Services Furnished to
Undocumented Aliens
Section 4723 of Pub. L. 105-33 provided that:
``(a) Total Amount Available for Allotment.--There are available for
allotments under this section for each of the 4 consecutive fiscal years
(beginning with fiscal year 1998) $25,000,000 for payments to certain
States under this section.
``(b) State Allotment Amount.--
``(1) In general.--The Secretary of Health and Human Services
shall compute an allotment for each fiscal year beginning with
fiscal year 1998 and ending with fiscal year 2001 for each of the 12
States with the highest number of undocumented aliens. The amount of
such allotment for each such State for a fiscal year shall bear the
same ratio to the total amount available for allotments under
subsection (a) for the fiscal year as the ratio of the number of
undocumented aliens in the State in the fiscal year bears to the
total of such numbers for all such States for such fiscal year. The
amount of allotment to a State provided under this paragraph for a
fiscal year that is not paid out under subsection (c) shall be
available for payment during the subsequent fiscal year.
``(2) Determination.--For purposes of paragraph (1), the number
of undocumented aliens in a State under this section shall be
determined based on estimates of the resident illegal alien
population residing in each State prepared by the Statistics
Division of the Immigration and Naturalization Service as of October
1992 (or as of such later date if such date is at least 1 year
before the beginning of the fiscal year involved).
``(c) Use of Funds.--From the allotments made under subsection (b),
the Secretary shall pay to each State amounts the State demonstrates
were paid by the State (or by a political subdivision of the State) for
emergency health services furnished to undocumented aliens.
``(d) State Defined.--For purposes of this section, the term `State'
includes the District of Columbia.
``(e) State Entitlement.--This section constitutes budget authority
in advance of appropriations Acts and represents the obligation of the
Federal Government to provide for the payment to States of amounts
provided under this section.''
Study and Report on Alien Student Eligibility for Postsecondary Federal
Student Financial Assistance
Pub. L. 104-208, div. C, title V, Sec. 506, Sept. 30, 1996, 110
Stat. 3009-672, provided that:
``(a) GAO Study and Report.--
``(1) Study.--The Comptroller General shall conduct a study to
determine the extent to which aliens who are not lawfully admitted
for permanent residence are receiving postsecondary Federal student
financial assistance.
``(2) Report.--Not later than 1 year after the date of the
enactment of this Act [Sept. 30, 1996], the Comptroller General
shall submit a report to the appropriate committees of the Congress
on the study conducted under paragraph (1).
``(b) Report on Computer Matching Program.--
``(1) In general.--Not later than one year after the date of the
enactment of this Act, the Secretary of Education and the
Commissioner of Social Security shall jointly submit to the
appropriate committees of the Congress a report on the computer
matching program of the Department of Education under section 484(p)
of the Higher Education Act of 1965 [20 U.S.C. 1091(p)].
``(2) Report elements.--The report under paragraph (1) shall
include the following:
``(A) An assessment by the Secretary and the Commissioner of
the effectiveness of the computer matching program, and a
justification for such assessment.
``(B) The ratio of successful matches under the program to
inaccurate matches.
``(C) Such other information as the Secretary and the
Commissioner jointly consider appropriate.
``(c) Appropriate Committees of the Congress.--For purposes of this
section the term `appropriate committees of the Congress' means the
Committee on Economic and Educational Opportunities and the Committee on
the Judiciary of the House of Representatives and the Committee on Labor
and Human Resources and the Committee on the Judiciary of the Senate.''
Section Referred to in Other Sections
This section is referred to in sections 1183a, 1612, 1613, 1614,
1621, 1642 of this title.
