§ 1613. — Fiveyear limited eligibility of qualified aliens for Federal meanstested public benefit.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1613]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER I--ELIGIBILITY FOR FEDERAL BENEFITS
Sec. 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) of this section, 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) of this section shall not apply
to the following aliens:
(1) Exception for refugees and asylees
(A) 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].
(B) An alien who is granted asylum under section 208 of such Act
[8 U.S.C. 1158].
(C) 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).
(D) An alien who is a Cuban and Haitian entrant as defined in
section 501(e) of the Refugee Education Assistance Act of 1980.
(E) 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.
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\1\ See References in Text note below.
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(2) Veteran and active duty exception
An alien who is lawfully residing in any State and is--
(A) 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,
(B) on active duty (other than active duty for training) in
the Armed Forces of the United States, or
(C) 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.
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\2\ So in original. Probably should be ``subparagraph (A) or (B)''.
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(c) Application of term Federal means-tested public benefit
(1) The limitation under subsection (a) of this section shall not
apply to assistance or benefits under paragraph (2).
(2) Assistance and benefits under this paragraph are as follows:
(A) Medical assistance described in section 1611(b)(1)(A) of
this title.
(B) Short-term, non-cash, in-kind emergency disaster relief.
(C) Assistance or benefits under the Richard B. Russell National
School Lunch Act [42 U.S.C. 1751 et seq.].
(D) Assistance or benefits under the Child Nutrition Act of 1966
[42 U.S.C. 1771 et seq.].
(E) 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.
(F) 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) of this section, 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).
(G) 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.
(H) 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., 42 U.S.C. 2751 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.].
(I) Means-tested programs under the Elementary and Secondary
Education Act of 1965 [20 U.S.C. 6301 et seq.].
(J) Benefits under the Head Start Act [42 U.S.C. 9831 et seq.].
(K) Benefits under the \3\ title I of the Workforce Investment
Act of 1998 [29 U.S.C. 2801 et seq.].
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\3\ So in original. The word ``the'' probably should not appear.
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(L) Assistance or benefits provided to individuals under the age
of 18 under the Food Stamp Act of 1977 (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) of this section shall
not apply to--
(1) 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
(2) 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.
(Pub. L. 104-193, title IV, Sec. 403, Aug. 22, 1996, 110 Stat. 2265;
Pub. L. 105-33, title V, Secs. 5302(c)(1), 5303(c), 5306(c), 5562, 5563,
Aug. 5, 1997, 111 Stat. 599, 600, 602, 638; Pub. L. 105-185, title V,
Sec. 509, June 23, 1998, 112 Stat. 580; Pub. L. 105-277, div. A,
Sec. 101(f) [title VIII, Sec. 405(d)(3)(A), (f)(3)(A)], Oct. 21, 1998,
112 Stat. 2681-337, 2681-419, 2681-429; Pub. L. 106-78, title VII,
Sec. 752(b)(6), Oct. 22, 1999, 113 Stat. 1169; Pub. L. 107-171, title
IV, Sec. 4401(b)(2)(A), May 13, 2002, 116 Stat. 333.)
References in Text
Section 243 of such Act, referred to in subsec. (b)(1)(C), is
section 243 of act June 27, 1952, which is classified to section 1253 of
this title. Section 1253 of this title was amended generally by Pub. L.
104-208, div. C, title III, Sec. 307(a), Sept. 30, 1996, 110 Stat. 3009-
612, and, as so amended, no longer contains a subsec. (h). For effective
date of section 307 of Pub. L. 104-208, see section 309 of Pub. L. 104-
208, set out as an Effective Date of 1996 Amendments note under section
1101 of this title.
Section 501(e) of the Refugee Education Assistance Act of 1980,
referred to in subsec. (b)(1)(D), is section 501(e) of Pub. L. 96-422,
as amended, which is set out in a note under section 1522 of this title.
Section 1612(a)(2)(A)(i)(V) of this title, referred to in subsec.
(b)(1)(E), was redesignated section 1612(a)(2)(A)(v) of this title by
Pub. L. 105-185, title V, Sec. 503(2), (3), June 23, 1998, 112 Stat.
578.
The Richard B. Russell National School Lunch Act, referred to in
subsec. (c)(2)(C), is act June 4, 1946, ch. 281, 60 Stat. 230, as
amended, which is classified generally to chapter 13 (Sec. 1751 et seq.)
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 1751
of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (c)(2)(D),
is Pub. L. 89-642, Oct. 11, 1966, 80 Stat. 885, as amended, which is
classified generally to chapter 13A (Sec. 1771 et seq.) of Title 42. For
complete classification of this Act to the Code, see Short Title note
set out under section 1771 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (c)(2)(E), (F), is
act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts B and E of
title IV and title XIX of the Act are classified generally to parts B
(Sec. 620 et seq.) and E (Sec. 670 et seq.) of subchapter IV and
subchapter XIX (Sec. 1396 et seq.), respectively, of chapter 7 of Title
42. For complete classification of this Act to the Code, see section
1305 of Title 42 and Tables.
The Higher Education Act of 1965, referred to in subsec. (c)(2)(H),
is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1219, as amended. Title IV of
the Act is classified generally to subchapter IV (Sec. 1070 et seq.) of
chapter 28 of Title 20, Education, and part C (Sec. 2751 et seq.) of
subchapter I of chapter 34 of Title 42. Titles V, IX, and X of the Act
are classified generally to subchapters V (Sec. 1101 et seq.), IX
(Sec. 1134 et seq.), and X (Sec. 1135 et seq.), respectively, of chapter
28 of Title 20. For complete classification of this Act to the Code, see
Short Title note set out under section 1001 of Title 20 and Tables.
The Public Health Service Act, referred to in subsec. (c)(2)(H), is
act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Titles III, VII,
and VIII of the Act are classified generally to subchapters II (Sec. 241
et seq.), V (Sec. 292 et seq.), and VI (Sec. 296 et seq.), respectively,
of chapter 6A of Title 42. For complete classification of this Act to
the Code, see Short Title note set out under section 201 of Title 42 and
Tables.
The Elementary and Secondary Education Act of 1965, referred to in
subsec. (c)(2)(I), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
amended, which is classified generally to chapter 70 (Sec. 6301 et seq.)
of Title 20, Education. For complete classification of this Act to the
Code, see Short Title note set out under section 6301 of Title 20 and
Tables.
The Head Start Act, referred to in subsec. (c)(2)(J), is subchapter
B (Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-
35, Aug. 13, 1981, 95 Stat. 499, as amended, which is classified
generally to subchapter II (Sec. 9831 et seq.) of chapter 105 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 9801 of
Title 42 and Tables.
The Workforce Investment Act of 1998, referred to in subsec.
(c)(2)(K), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended.
Title I of the Act is classified principally to chapter 30 (Sec. 2801 et
seq.) of Title 29, Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 9201 of Title 20,
Education, and Tables.
The Food Stamp Act of 1977, referred to in subsec. (c)(2)(L), is
Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7,
Agriculture. For complete classification of this Act to the Code, see
Short Title note set out under section 2011 of Title 7 and Tables.
Amendments
2002--Subsec. (c)(2)(L). Pub. L. 107-171 added subpar. (L).
1999--Subsec. (c)(2)(C). Pub. L. 106-78 substituted ``Richard B.
Russell National School Lunch Act'' for ``National School Lunch Act''.
1998--Subsec. (c)(2)(K). Pub. L. 105-277, Sec. 101(f) [title VIII,
Sec. 405(f)(3)(A)], struck out ``Job Training Partnership Act or''
before ``title I of''.
Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(3)(A)],
substituted ``Job Training Partnership Act or title I of the Workforce
Investment Act of 1998'' for ``Job Training Partnership Act''.
Subsec. (d). Pub. L. 105-185 substituted ``Benefits for certain
groups'' for ``SSI and medicaid benefits for certain Indians'' in
heading, designated provisions beginning ``an individual'' as par. (1),
substituted ``to--'' for ``to'', ``(a)(3)'' for ``(a)(3)(A)'', and ``;
or'' for period at end, and added par. (2).
1997--Subsec. (b)(1)(C). Pub. L. 105-33, Sec. 5562, substituted
``section 243(h) of such Act (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 (as amended by section 305(a) of division
C of Public Law 104-208)'' for ``section 243(h) of such Act''.
Subsec. (b)(1)(D). Pub. L. 105-33, Sec. 5302(c)(1)(A), added subpar.
(D).
Subsec. (b)(1)(E). Pub. L. 105-33, Sec. 5306(c), added subpar. (E).
Subsec. (b)(2)(A). Pub. L. 105-33, Sec. 5563(c), inserted ``, 1101,
or 1301, or as described in section 107'' after ``section 101''.
Pub. L. 105-33, Sec. 5563(a), inserted ``and who fulfills the
minimum active-duty service requirements of section 5303A(d) of title
38'' after ``alienage''.
Subsec. (b)(2)(C). Pub. L. 105-33, Sec. 5563(b), inserted before
period at end ``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''.
Subsec. (d). Pub. L. 105-33, Sec. 5303(c), added subsec. (d).
Pub. L. 105-33, Sec. 5302(c)(1)(B), struck out heading and text of
subsec. (d). Text read as follows: ``The limitation under subsection (a)
of this section shall not apply to refugee and entrant assistance
activities, authorized by title IV of the Immigration and Nationality
Act [8 U.S.C. 1521 et seq.] and section 501 of the Refugee Education
Assistance Act of 1980, for Cuban and Haitian entrants as defined in
section 501(e)(2) of the Refugee Education Assistance Act of 1980.''
Effective Date of 2002 Amendment
Amendment by section 4401(b)(2)(A) of Pub. L. 107-171 effective Oct.
1, 2003, see section 4401(b)(3) of Pub. L. 107-171, set out as a note
under section 2014 of Title 7, Agriculture.
Effective Date of 1998 Amendments
Amendment by section 101(f) [title VIII, Sec. 405(d)(3)(A)] of Pub.
L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
[title VIII, Sec. 405(f)(3)(A)] of Pub. L. 105-277 effective July 1,
2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L.
105-277, set out as a note under section 3502 of Title 5, Government
Organization and Employees.
Amendment by Pub. L. 105-185 effective Nov. 1, 1998, see section
510(b) of Pub. L. 105-185, set out as a note under section 1612 of this
title.
Effective Date of 1997 Amendment
Amendment by sections 5302(c)(1), 5303(c), and 5306(c) of Pub. L.
105-33 effective, except as otherwise provided, 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
5308 of Pub. L. 105-33, set out as a note under section 1612 of this
title.
Amendment by sections 5562 and 5563 of 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.
Section Referred to in Other Sections
This section is referred to in sections 1183a, 1612, 1614, 1622,
1631, 1645 of this title; title 7 section 2016.
