§ 1613. Five-year limited eligibility of qualified aliens for Federal means-tested public benefit

Footnotes

1. 1 See References in Text note below.
2. 2 So in original. Probably should be “subparagraph (A) or (B)”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Personal Responsibility and Work Opportunity Reconciliation Act of 1996

   Pub. L. 104–193 title IV § 403 · 110 Stat. 2105

   Enacted · 8 U.S.C. § 1613

   Pub. L. 104–193, title IV, § 403, Aug. 22, 1996, 110 Stat. 2265

   Source evidence

   Code source credit
   Pub. L. 104–193, title IV, § 403, Aug. 22, 1996, 110 Stat. 2265

   Enacted provision · exact public law section
   SEC. 403. FIVE-YEAR LIMITED ELIGIBILITY OF QUALIFIED ALIENS FOR 8 USC 1613. FEDERAL MEANS-TESTED PUBLIC BENEFIT. (a) In General.— Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d), an alien who is a qualified alien (as defined in section 431) and who enters the United States on or after the date of the enactment of this Act is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States with a status within the meaning of the term “qualified alien”. (b) Exceptions.— The limitation under subsection (a) shall not apply to the following aliens: (1) Exception for refugees and asylees.— (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act. (B) An alien who is granted asylum under section 208 of such Act. (C) An alien whose deportation is being withheld under section 243(h) of such Act. (2) Veteran and active duty exception.— An alien who is lawfully residing in any State and is— (A) a veteran (as defined in section 101 of title 38, United States Code) with a discharge characterized as an honorable discharge and not on account of alienage, (B) on active duty (other than active duty for training) in the Armed Forces of the United States, or (C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B). (c) Application of Term Federal Means-tested Public Benefit.— (1) The limitation under subsection (a) shall not apply to assistance or benefits under paragraph (2). (2) Assistance and benefits under this paragraph are as follows: (A) Medical assistance described in section 401(b)(1)(A). (B) Short-term, non-cash, in-kind emergency disaster relief. (C) Assistance or benefits under the National School Lunch Act. (D) Assistance or benefits under the Child Nutrition Act of 1966. (E) Public health assistance (not including any assistance under title XIX of the Social Security Act) 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. (F) Payments for foster care and adoption assistance under parts B and E of title IV of the Social Security Act for a parent or a child who would, in the absence of subsection (a), be eligible to have such payments made on the child’s behalf under such part, but only if the foster or adoptive parent (or parents) of such child is a qualified alien (as defined in section 431). (G) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) 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 (iii) are necessary for the protection of life or safety. (H) Programs of student assistance under titles IV, V, IX, and X of the Higher Education Act of 1965, and titles III, VII, and VIII of the Public Health Service Act. (I) Means-tested programs under the Elementary and Secondary Education Act of 1965. (J) Benefits under the Head Start Act. (K) Benefits under the Job Training Partnership Act. (d) Special Rule for Refugee and Entrant Assistance for Cuban and Haitian Entrants.— The limitation under subsection (a) shall not apply to refugee and entrant assistance activities, authorized by title IV of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980.

2. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5562 · 111 Stat. 251

   Substituted · 8 U.S.C. § 1613(b)(1)(C)

   Pub. L. 105–33, § 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”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C). Pub. L. 105–33, § 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”.

   Enacted provision · exact public law section
   SEC. 5562. EXCEPTIONS TO BENEFIT LIMITATIONS: CORRECTIONS TO REFERENCE CONCERNING ALIENS WHOSE DEPORTATION IS WITHHELD. Sections 402(a)(2)(A), 402(b)(2)(A), 403(b)(2)(C), 412(b)(1)(C), and 431(b)(5) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A), 1612(b)(2)(A), 1613(b)(1)(C), 1622(b)(1)(C), and 1641(b)(5)) as amended by this Act are each amended by striking “section 243(h) of such Act” each place it appears and inserting “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)”.

3. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5302(c)(1)(A) · 111 Stat. 251

   Added · 8 U.S.C. § 1613(b)(1)(D)

   Pub. L. 105–33, § 5302(c)(1)(A), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(D). Pub. L. 105–33, § 5302(c)(1)(A), added subpar. (D).

   Enacted provision · exact public law section
   (A) Section 403(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end the following new subparagraph: “(D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.”.

4. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5306(c) · 111 Stat. 251

   Added · 8 U.S.C. § 1613(b)(1)(E)

   Pub. L. 105–33, § 5306(c), added subpar. (E)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(E). Pub. L. 105–33, § 5306(c), added subpar. (E).

   Enacted provision · exact public law section
   (c) For Purposes of Exception From 5-Year Limited Eligibility of Qualified Aliens.— Section 403(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(b)(1)) is amended by adding at the end the following: “(E) An alien admitted to the United States as an Amerasian immigrant as described in section 402(a)(2)(A)(i)(V).”.

5. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5563(c) · 111 Stat. 251

   Inserted · 8 U.S.C. § 1613(b)(2)(A)

   Pub. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(A). Pub. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”.

   Enacted provision · exact public law section
   (c) Expanded Definition of Veteran.— Sections 402(a)(2)(C)(i), 402(b)(2)(C)(i), 403(b)(2)(A), and 412(b)(3)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(C)(i), 1612(b)(2)(C)(i), 1613(b)(2)(A), and 1622(b)(3)(A)) are each amended by inserting “, 1101, or 1301, or as described in section 107” after “section 101”.

6. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5563(a) · 111 Stat. 251

   Inserted · 8 U.S.C. § 1613(b)(2)(A)

   Pub. L. 105–33, § 5563(a), inserted “and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38” after “alienage”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–33, § 5563(a), inserted “and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38” after “alienage”.

   Enacted provision · exact public law section
   (a) Application of Minimum Active Duty Service Requirement.— Sections 402(a)(2)(C)(i), 402(b)(2)(C)(i), 403(b)(2)(A), and 412(b)(3)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(C)(i), 1612(b)(2)(C)(i), 1613(b)(2)(A), and 1622(b)(3)(A)) are each amended by inserting “and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38, United States Code” after “alienage”.

7. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5563(b) · 111 Stat. 251

   Inserted · 8 U.S.C. § 1613(b)(2)(C)

   Pub. L. 105–33, § 5563(b), inserted before period at end “or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(C). Pub. L. 105–33, § 5563(b), inserted before period at end “or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38”.

   Enacted provision · exact public law section
   (b) Exception Applicable to Unremarried Surviving Spouse.— Sections 402(a)(2)(C)(iii), 402(b)(2)(C)(iii), 403(b)(2)(C), and 412(b)(3)(C) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(C)(iii), 1612(b)(2)(C)(iii), 1613(b)(2)(C), and 1622(b)(3)(O) are each amended by inserting before the period “or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased it the marriage fulfills the requirements of section 1304 of title 38, United States Code”.

8. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5303(c) · 111 Stat. 251

   Added · 8 U.S.C. § 1613(d)

   Pub. L. 105–33, § 5303(c), added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 105–33, § 5303(c), added subsec. (d).

   Enacted provision · exact public law section
   (c) SSI and Medicaid Exceptions From Limitation on Eligibility of New Entrants.— Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) is amended by adding after subsection (c) the following new subsection: ”(d) SSI and Medicaid Benefits for Certain Indians.— Notwithstanding any other provision of law, the limitations under section 401(a) and subsection (a) shall not apply to an individual described in section 402(a)(2)(G), but only with respect to the programs specified in subsections (a)(3)(A) and (b)(3)(C) of section 402.”.

9. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5302(c)(1)(B) · 111 Stat. 251

   Struck · 8 U.S.C. § 1613(d)

   Pub. L. 105–33, § 5302(c)(1)(B), struck out heading and text of subsec. (d). Text read as follows: “The limitation under subsection (a) of this section shall not apply to refugee and entrant assistance activities, authorized by title IV of the Immigration and Nationality Act [8 U.S.C. 1521 et seq.] and section 501 of the Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–33, § 5302(c)(1)(B), struck out heading and text of subsec. (d). Text read as follows: “The limitation under subsection (a) of this section shall not apply to refugee and entrant assistance activities, authorized by title IV of the Immigration and Nationality Act [8 U.S.C. 1521 et seq.] and section 501 of the Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980.”

   Enacted provision · exact public law section
   (B) Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) is amended by striking subsection (d).

10. 1998

    Agricultural Research, Extension, and Education Reform Act of 1998

    Pub. L. 105–185 title V § 509 · 112 Stat. 523

    1. Substituted · 8 U.S.C. § 1613(d)

       Pub. L. 105–185 substituted “Benefits for certain groups” for “SSI and medicaid benefits for certain Indians” in heading

    2. Amended · 8 U.S.C. § 1613(d)

       Pub. L. 105–185 designated provisions beginning “an individual” as par. (1)

    3. Substituted · 8 U.S.C. § 1613(d)

       Pub. L. 105–185 substituted “to—” for “to” “; or” for period at end

    4. Substituted · 8 U.S.C. § 1613(d)

       Pub. L. 105–185 substituted “(a)(3)” for “(a)(3)(A)” “; or” for period at end

    5. Added · 8 U.S.C. § 1613(d)

       Pub. L. 105–185 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 105–185 substituted “Benefits for certain groups” for “SSI and medicaid benefits for certain Indians” in heading, designated provisions beginning “an individual” as par. (1), substituted “to—” for “to”, “(a)(3)” for “(a)(3)(A)”, and “; or” for period at end, and added par. (2).

    Enacted provision · exact public law section
    SEC. 509. CONFORMING AMENDMENTS. Section 403(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(d)) is amended— (1) in the subsection heading, by striking “SSI” and all that follows through “Indians” and inserting “Benefits For Certain Groups”; (2) by striking “not apply to an individual” and inserting “ not apply to— “(1) an individual”; (3) by striking “(a)(3)(A)” and inserting “(a)(3)”; and (4) by striking the period at the end and inserting “; or”; and (5) by adding at the end the following: “(2) an individual, spouse, or dependent described in section 402(a)(2)(K), but only with respect to the specified Federal program described in section 402(a)(3)(B).”.

11. 1998

    Pub. L. 105–277 § 101(f)(tVIII)(s405)(f)(3)(A) · 112 Stat. 2681

    Struck · 8 U.S.C. § 1613(c)(2)(K)

    Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(3)(A)], struck out “Job Training Partnership Act or” before “title I of”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(K). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(3)(A)], struck out “Job Training Partnership Act or” before “title I of”.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

12. 1998

    Pub. L. 105–277 § 101(f)(tVIII)(s405)(d)(3)(A) · 112 Stat. 2681

    Substituted · 8 U.S.C. § 1613(c)(2)(K)

    Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(3)(A)], substituted “Job Training Partnership Act or title I of the Workforce Investment Act of 1998” for “Job Training Partnership Act”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(3)(A)], substituted “Job Training Partnership Act or title I of the Workforce Investment Act of 1998” for “Job Training Partnership Act”.

    Enacted provision · exact public law section
    Sec. 101. For programs, projects or activities in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act: AN ACT Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes. Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999.

13. 1999

    Pub. L. 106–78 title VII § 752(b)(6) · 113 Stat. 1135

    Substituted · 8 U.S.C. § 1613(c)(2)(C)

    Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.

    Enacted provision · exact public law section
    (6) Sections 403(c)(2)(C), 422(b)(3), 423(d)(3), 741(a)(1), and 742 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(C), 1632(b)(3), 1183a note, 42 U.S.C. 1751 note, 8 U.S.C. 1615; Public Law 104–193).

14. 2002

    Pub. L. 107–171 title IV § 4401(b)(2)(A) · 116 Stat. 134

    Added · 8 U.S.C. § 1613(c)(2)(L)

    Pub. L. 107–171 added subpar. (L)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(L). Pub. L. 107–171 added subpar. (L).

    Enacted provision · exact public law section
    (A) Section 403(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)) is amended by adding at the end the following: “(L) Assistance or benefits provided to individuals under the age of 18 under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.).”.

15. 2014

    Workforce Innovation and Opportunity Act

    Pub. L. 113–128 title V § 512(x) · 128 Stat. 1425

    Substituted · 8 U.S.C. § 1613(c)(2)(K)

    Pub. L. 113–128 substituted “Benefits under title I of the Workforce Innovation and Opportunity Act” for “Benefits under the title I of the Workforce Investment Act of 1998”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(K). Pub. L. 113–128 substituted “Benefits under title I of the Workforce Innovation and Opportunity Act” for “Benefits under the title I of the Workforce Investment Act of 1998”.

    Enacted provision · exact public law section
    (x) Personal Responsibility and Work Opportunity Reconciliation Act of 1996.— Section 403(c)(2)(K) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(c)(2)(K)) is amended by striking “Benefits under the title I of the Workforce Investment Act of 1998” and inserting “Benefits under title I of the Workforce Innovation and Opportunity Act”.

16. 2020

    Department of Justice Appropriations Act, 2021

    Pub. L. 116–260 div. CC title II § 208(b) · 134 Stat. 1182

    Added · 8 U.S.C. § 1613(b)(3)

    Pub. L. 116–260 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 116–260 added par. (3).

    Enacted provision · exact public law section
    Sec. 208. None Certification. of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.

    Effective date note
    Amendment by section 208(b) of Pub. L. 116–260 applicable to benefits for items and services furnished on or after Dec. 27, 2020, see section 208(e) of Pub. L. 116–260, set out as a note under section 1612 of this title.

17. 2024

    Pub. L. 118–42 div. G title II § 209(f)(2) · 138 Stat. 445

    Struck · 8 U.S.C. § 1613(b)(3)

    Pub. L. 118–42 struck out “, but only with respect to the designated Federal program defined in section 1612(b)(3)(C) of this title” before period at end

    Unresolved: Pub. L. 118–42 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 118–42 struck out “, but only with respect to the designated Federal program defined in section 1612(b)(3)(C) of this title” before period at end.

20 of 21 references resolved to an enrolled provision · 1 unresolved