§ 1643. — Statutory construction.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 8USC1643]
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
SUBCHAPTER IV--GENERAL PROVISIONS
Sec. 1643. Statutory construction
(a) Limitation
(1) Nothing in this chapter may be construed as an entitlement or a
determination of an individual's eligibility or fulfillment of the
requisite requirements for any Federal, State, or local governmental
program, assistance, or benefits. For purposes of this chapter,
eligibility relates only to the general issue of eligibility or
ineligibility on the basis of alienage.
(2) Nothing in this chapter may be construed as addressing alien
eligibility for a basic public education as determined by the Supreme
Court of the United States under Plyler v. Doe (457 U.S. 202)(1982).
(b) Benefit eligibility limitations applicable only with respect to
aliens present in United States
Notwithstanding any other provision of this chapter, the limitations
on eligibility for benefits under this chapter shall not apply to
eligibility for benefits of aliens who are not residing, or present, in
the United States with respect to--
(1) wages, pensions, annuities, and other earned payments to
which an alien is entitled resulting from employment by, or on
behalf of, a Federal, State, or local government agency which was
not prohibited during the period of such employment or service under
section 274A [8 U.S.C. 1324a] or other applicable provision of the
Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; or
(2) benefits under laws administered by the Secretary of
Veterans Affairs.
(c) Not applicable to foreign assistance
This chapter does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to an alien under
any program of foreign assistance as determined by the Secretary of
State in consultation with the Attorney General.
(d) Severability
If any provision of this chapter or the application of such
provision to any person or circumstance is held to be unconstitutional,
the remainder of this chapter and the application of the provisions of
such to any person or circumstance shall not be affected thereby.
(Pub. L. 104-193, title IV, Sec. 433, Aug. 22, 1996, 110 Stat. 2275;
Pub. L. 105-33, title V, Sec. 5574, Aug. 5, 1997, 111 Stat. 642.)
References in Text
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.
Amendments
1997--Subsecs. (b) to (d). Pub. L. 105-33 added subsec. (b) and
redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
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.
