§ 1623. — Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education 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: 8USC1623]
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. 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.
(Pub. L. 104-208, div. C, title V, Sec. 505, Sept. 30, 1996, 110 Stat.
3009-672.)
Codification
Section was enacted as part of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, and as part of the Omnibus
Consolidated Appropriations Act, 1997, and not as part of title IV of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 which comprises this chapter.
