§ 1641. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1641]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER IV--GENERAL PROVISIONS
Sec. 1641. Definitions
(a) In general
Except as otherwise provided in this chapter, the terms used in this
chapter have the same meaning given such terms in section 101(a) of the
Immigration and Nationality Act [8 U.S.C. 1101(a)].
(b) Qualified alien
For purposes of this chapter, the term ``qualified alien'' means an
alien who, at the time the alien applies for, receives, or attempts to
receive a Federal public benefit, is--
(1) an alien who is lawfully admitted for permanent residence
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.],
(2) an alien who is granted asylum under section 208 of such Act
[8 U.S.C. 1158],
(3) a refugee who is admitted to the United States under section
207 of such Act [8 U.S.C. 1157],
(4) 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 a period of at least
1 year,
(5) 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),
(6) an alien who is granted conditional entry pursuant to
section 203(a)(7) of such Act [8 U.S.C. 1153(a)(7)] as in effect
prior to April 1, 1980; \1\ or
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\1\ So in original. The semicolon probably should be a comma.
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(7) an alien who is a Cuban and Haitian entrant (as defined in
section 501(e) of the Refugee Education Assistance Act of 1980).
(c) Treatment of certain battered aliens as qualified aliens
For purposes of this chapter, the term ``qualified alien''
includes--
(1) an alien who--
(A) has been battered or subjected to extreme cruelty in the
United States by a spouse or a parent, or by a member of the
spouse or parent's family residing in the same household as the
alien and the spouse or parent consented to, or acquiesced in,
such battery or cruelty, but only if (in the opinion of the
agency providing such benefits) there is a substantial
connection between such battery or cruelty and the need for the
benefits to be provided; and
(B) has been approved or has a petition pending which sets
forth a prima facie case for--
(i) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and Nationality Act [8
U.S.C. 1154(a)(1)(A)(ii), (iii), (iv)],
(ii) classification pursuant to clause (ii) or (iii) of
section 204(a)(1)(B) of the Act [8 U.S.C. 1154(a)(1)(B)(ii),
(iii)],
(iii) suspension of deportation under section 244(a)(3)
of the Immigration and Nationality Act [8 U.S.C. 1254(a)(3)]
(as in effect before the title III-A effective date in
section 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).\2\
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\2\ So in original. The period probably should be a comma.
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(iv) status as a spouse or child of a United States
citizen pursuant to clause (i) of section 204(a)(1)(A) of
such Act [8 U.S.C. 1154(a)(1)(A)(i)], or classification
pursuant to clause (i) of section 204(a)(1)(B) of such Act
[8 U.S.C. 1154(a)(1)(B)(i)]; \3\
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\3\ So in original. The semicolon probably should be ``, or''.
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(v) cancellation of removal pursuant to section
240A(b)(2) of such Act [8 U.S.C. 1229b(b)(2)];
(2) an alien--
(A) whose child has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent of the
alien (without the active participation of the alien in the
battery or cruelty), or by a member of the spouse or parent's
family residing in the same household as the alien and the
spouse or parent consented or acquiesced to such battery or
cruelty, and the alien did not actively participate in such
battery or cruelty, but only if (in the opinion of the agency
providing such benefits) there is a substantial connection
between such battery or cruelty and the need for the benefits to
be provided; and
(B) who meets the requirement of subparagraph (B) of
paragraph (1); or
(3) an alien child who--
(A) resides in the same household as a parent who has been
battered or subjected to extreme cruelty in the United States by
that parent's spouse or by a member of the spouse's family
residing in the same household as the parent and the spouse
consented or acquiesced to such battery or cruelty, but only if
(in the opinion of the agency providing such benefits) there is
a substantial connection between such battery or cruelty and the
need for the benefits to be provided; and
(B) who meets the requirement of subparagraph (B) of
paragraph (1).
This subsection shall not apply to an alien during any period in which
the individual responsible for such battery or cruelty resides in the
same household or family eligibility unit as the individual subjected to
such battery or cruelty.
After consultation with the Secretaries of Health and Human
Services, Agriculture, and Housing and Urban Development, the
Commissioner of Social Security, and with the heads of such Federal
agencies administering benefits as the Attorney General considers
appropriate, the Attorney General shall issue guidance (in the Attorney
General's sole and unreviewable discretion) for purposes of this
subsection and section 1631(f) of this title, concerning the meaning of
the terms ``battery'' and ``extreme cruelty'', and the standards and
methods to be used for determining whether a substantial connection
exists between battery or cruelty suffered and an individual's need for
benefits under a specific Federal, State, or local program.
(Pub. L. 104-193, title IV, Sec. 431, Aug. 22, 1996, 110 Stat. 2274;
Pub. L. 104-208, div. C, title III, Sec. 308(g)(8)(E), title V,
Sec. 501, Sept. 30, 1996, 110 Stat. 3009-624, 3009-670; Pub. L. 105-33,
title V, Secs. 5302(c)(3), 5562, 5571(a)-(c), 5581(b)(6), (7), Aug. 5,
1997, 111 Stat. 599, 638, 640, 643; Pub. L. 106-386, div. B, title V,
Sec. 1508, Oct. 28, 2000, 114 Stat. 1530.)
References in Text
This chapter, referred to in text, was in the original ``this
title'' meaning title IV of Pub. L. 104-193, Aug. 22, 1996, 110 Stat.
2260, which enacted this chapter, section 1183a of this title, and
sections 611a and 1437y of Title 42, The Public Health and Welfare,
amended section 1383 of this title, sections 32 and 6213 of Title 26,
Internal Revenue Code, and sections 1436a and 1471 of Title 42, and
enacted provisions set out as notes under section 1183a of this title
and section 32 of Title 26. For complete classification of title IV to
the Code, see Tables.
The Immigration and Nationality Act, referred to in subsec. (b)(1),
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)(5), 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 203(a)(7) of such Act as in effect prior to April 1, 1980,
referred to in subsec. (b)(6), means section 203(a)(7) of act June 27,
1952, which was classified to section 1153(a)(7) of this title. Section
1153(a)(7) of this title was repealed and section 1153(a)(8) was
redesignated section 1153(a)(7) by Pub. L. 96-212, title II,
Sec. 203(c)(3), (6), Mar. 17, 1980, 94 Stat. 107, effective Apr. 1,
1980.
Section 501(e) of the Refugee Education Assistance Act of 1980,
referred to in subsec. (b)(7), 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 309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, referred to in subsec. (c)(1)(B)(iii), is
section 309 of title III of div. C of Pub. L. 104-208, as amended, which
is set out as a note under section 1101 of this title.
Amendments
2000--Subsec. (c)(1)(B)(iii). Pub. L. 106-386 amended cl. (iii)
generally. Prior to amendment, cl. (iii) read as follows: ``cancellation
of removal under section 240A of such Act (as in effect prior to April
1, 1997),''.
1997--Subsec. (b)(5). 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)(7). Pub. L. 105-33, Sec. 5302(c)(3), added par. (7).
Subsec. (c). Pub. L. 105-33, Sec. 5571(b), inserted at end ``After
consultation with the Secretaries of Health and Human Services,
Agriculture, and Housing and Urban Development, the Commissioner of
Social Security, and with the heads of such Federal agencies
administering benefits as the Attorney General considers appropriate,
the Attorney General shall issue guidance (in the Attorney General's
sole and unreviewable discretion) for purposes of this subsection and
section 1631(f) of this title, concerning the meaning of the terms
`battery' and `extreme cruelty', and the standards and methods to be
used for determining whether a substantial connection exists between
battery or cruelty suffered and an individual's need for benefits under
a specific Federal, State, or local program.''
Subsec. (c)(1)(A). Pub. L. 105-33, Sec. 5571(a), substituted
``agency providing such benefits)'' for ``Attorney General, which
opinion is not subject to review by any court)''.
Subsec. (c)(1)(B)(iii). Pub. L. 105-33, Sec. 5581(b)(7)(A),
substituted ``(as in effect prior to April 1, 1997),'' for ``, or''.
Subsec. (c)(1)(B)(v). Pub. L. 105-33, Sec. 5581(b)(7)(B), added cl.
(v).
Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 5571(a), substituted
``agency providing such benefits)'' for ``Attorney General, which
opinion is not subject to review by any court)''.
Subsec. (c)(2)(B). Pub. L. 105-33, Sec. 5581(b)(6), substituted
``subparagraph (B) of paragraph (1)'' for ``clause (ii) of subparagraph
(A)''.
Subsec. (c)(3). Pub. L. 105-33, Sec. 5571(c), added par. (3).
1996--Subsec. (c). Pub. L. 104-208, Sec. 501, added subsec. (c).
Subsec. (c)(1)(B)(iii). Pub. L. 104-208, Sec. 308(g)(8)(E),
substituted ``cancellation of removal under section 240A of such Act''
for ``suspension of deportation and adjustment of status pursuant to
section 244(a)(3) of such Act''.
Effective Date of 1997 Amendment
Amendment by section 5302(c)(3) 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, 5571(a)-(c), 5581(b)(6), (7) 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.
Effective Date of 1996 Amendment
Amendment by section 308(g)(8)(E) of Pub. L. 104-208 effective, with
certain transitional provisions, on the first day of the first month
beginning more than 180 days after Sept. 30, 1996, see section 309 of
Pub. L. 104-208, set out as a note under section 1101 of this title.
Amendment by section 501 of Pub. L. 104-208 effective Sept. 30,
1996, see section 591 of Pub. L. 104-208, set out as a note under
section 1101 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1182, 1367, 1611, 1612,
1613, 1615, 1621, 1622 of this title.
