§ 1624. — Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1624]
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. 1624. Authority of States and political subdivisions of
States to limit assistance to aliens and to distinguish among
classes of aliens in providing general cash public assistance
(a) In general
Subject to subsection (b) of this section and notwithstanding any
other provision of law, a State or political subdivision of a State is
authorized to prohibit or otherwise limit or restrict the eligibility of
aliens or classes of aliens for programs of general cash public
assistance furnished under the law of the State or a political
subdivision of a State.
(b) Limitation
The authority provided for under subsection (a) of this section may
be exercised only to the extent that any prohibitions, limitations, or
restrictions imposed by a State or political subdivision of a State are
not more restrictive than the prohibitions, limitations, or restrictions
imposed under comparable Federal programs. For purposes of this section,
attribution to an alien of a sponsor's income and resources (as
described in section 1631 of this title) for purposes of determining
eligibility for, and the amount of, benefits shall be considered less
restrictive than a prohibition of eligibility for such benefits.
(Pub. L. 104-208, div. C, title V, Sec. 553, Sept. 30, 1996, 110 Stat.
3009-681.)
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.
