§ 1632. — Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1632]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER III--ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT
Sec. 1632. Authority for States to provide for attribution of
sponsors income and resources to the alien with respect to State
programs
(a) Optional application to State programs
Except as provided in subsection (b) of this section, in determining
the eligibility and the amount of benefits of an alien for any State
public benefits, the State or political subdivision that offers the
benefits is authorized to provide that the income and resources of the
alien shall be deemed to include--
(1) the income and resources of any individual who executed an
affidavit of support pursuant to section 1183a of this title (as
added by section 423 and as amended by section 551(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996) on
behalf of such alien, and
(2) the income and resources of the spouse (if any) of the
individual.
(b) Exceptions
Subsection (a) of this section shall not apply with respect to the
following State public benefits:
(1) Assistance described in section 1621(b)(1) of this title.
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Programs comparable to assistance or benefits under the
Richard B. Russell National School Lunch Act [42 U.S.C. 1751 et
seq.].
(4) Programs comparable to assistance or benefits under the
Child Nutrition Act of 1966 [42 U.S.C. 1771 et seq.].
(5) Public health assistance 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.
(6) Payments for foster care and adoption assistance.
(7) Programs, services, or assistance (such as soup kitchens,
crisis counseling and intervention, and short-term shelter)
specified by the Attorney General of a State, after consultation
with appropriate agencies and departments, which (A) deliver in-kind
services at the community level, including through public or private
nonprofit agencies; (B) 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 (C) are necessary for the protection of life or
safety.
(Pub. L. 104-193, title IV, Sec. 422, Aug. 22, 1996, 110 Stat. 2271;
Pub. L. 104-208, div. C, title V, Sec. 551(b)(1), Sept. 30, 1996, 110
Stat. 3009-679; Pub. L. 105-33, title V, Sec. 5581(b)(2), Aug. 5, 1997,
111 Stat. 643; Pub. L. 106-78, title VII, Sec. 752(b)(6), Oct. 22, 1999,
113 Stat. 1169.)
References in Text
Section 1183a of this title (as added by section 423 and as amended
by section 551(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996), referred to in subsec. (a)(1), is section
1183a of this title as added by section 423 of Pub. L. 104-193 and
amended by section 551(a) of div. C of Pub. L. 104-208.
The Richard B. Russell National School Lunch Act, referred to in
subsec. (b)(3), 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. (b)(4), 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.
Amendments
1999--Subsec. (b)(3). Pub. L. 106-78 substituted ``Richard B.
Russell National School Lunch Act'' for ``National School Lunch Act''.
1997--Subsec. (a). Pub. L. 105-33 struck out ``(as defined in
section 1622(c) of this title)'' after ``public benefits'' in
introductory provisions.
1996--Subsec. (a)(1). Pub. L. 104-208 inserted ``and as amended by
section 551(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996'' after ``section 423''.
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.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-208 applicable to affidavits of support
executed on or after a date specified by the Attorney General, which
date shall be not earlier than 60 days, and not later than 90 days after
the date the Attorney General formulates the form for such affidavits,
see section 551(c) of Pub. L. 104-208, set out as an Effective Date of
1996 Amendment; Promulgation of Form note under section 1183a of this
title.
