§ 1622. — State authority to limit eligibility of qualified aliens for State 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: 8USC1622]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER II--ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS
Sec. 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) of this section, 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.
(1) Time-limited 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] until 5 years after the date of an alien's entry into the
United States.
(B) 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.
(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) until
5 years after such withholding.
(D) 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.
(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.
---------------------------------------------------------------------------
\1\ See References in Text note below.
---------------------------------------------------------------------------
(2) Certain permanent resident aliens
An alien who--
(A) is lawfully admitted to the United States for permanent
residence under the Immigration and Nationality Act [8 U.S.C.
1101 et seq.]; and
(B)(i) 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.
(3) 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.
---------------------------------------------------------------------------
\2\ So in original. Probably should be ``subparagraph (A) or (B)''.
---------------------------------------------------------------------------
(4) Transition for those currently receiving benefits
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.
(Pub. L. 104-193, title IV, Sec. 412, Aug. 22, 1996, 110 Stat. 2269;
Pub. L. 105-33, title V, Secs. 5302(c)(2), 5306(d), 5562, 5563,
5581(b)(3), Aug. 5, 1997, 111 Stat. 599, 602, 638, 643.)
References in Text
The Immigration and Nationality Act, referred to in subsecs. (a) and
(b)(2)(A), 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.
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 Social Security Act, referred to in subsec. (b)(2)(B)(i), is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of the Act is
classified generally to subchapter II (Sec. 401 et seq.) of chapter 7 of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
1997--Subsec. (b)(1)(C). Pub. L. 105-33, Sec. 5581(b)(3),
substituted ``withholding'' for ``with-holding''.
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)(2), added subpar.
(D).
Subsec. (b)(1)(E). Pub. L. 105-33, Sec. 5306(d), added subpar. (E).
Subsec. (b)(3)(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)(3)(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''.
Effective Date of 1997 Amendment
Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.
