§ 1621. Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits

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 § 411 · 110 Stat. 2105

   Enacted · 8 U.S.C. § 1621

   Pub. L. 104–193, title IV, § 411, Aug. 22, 1996, 110 Stat. 2268

   Source evidence

   Code source credit
   Pub. L. 104–193, title IV, § 411, Aug. 22, 1996, 110 Stat. 2268

   Enacted provision · exact public law section
   SEC. 411. ALIENS WHO ARE NOT QUALIFIED ALIENS OR NON-IMMIGRANTS INELIGIBLE FOR STATE AND LOCAL PUBLIC BENEFITS. (a) In General.— Notwithstanding any other provision of law and except as provided in subsections (b) and (d), an alien who is not— (1) a qualified alien (as defined in section 431), (2) a nonimmigrant under the Immigration and Nationality Act, or (3) an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year, is not eligible for any State or local public benefit (as defined in subsection (c)). (b) Exceptions.— Subsection (a) shall not apply with respect to the following State or local public benefits: (1) Assistance for health care items and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of the Social Security Act) of the alien involved and are not related to an organ transplant procedure. (2) Short-term, non-cash, in-kind emergency disaster relief. (3) 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. (4) 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 (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. (c) State or Local Public Benefit Defined.— (1) Except as provided in paragraphs (2) and (3), for purposes of this subtitle the term “State or local public benefit” means— (A) any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government. (2) Such term shall not apply— (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States; or (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General. (3) Such term does not include any Federal public benefit under section 4001(c). (d) State Authority to Provide for Eligibility of Illegal Aliens for State and Local Public Benefits.— A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) only through the enactment of a State law after the date of the enactment of this Act which affirmatively provides for such eligibility.

   Effective date note
   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.

2. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5565 · 111 Stat. 251

   Inserted · 8 U.S.C. § 1621(c)(2)(A)

   Pub. L. 105–33, § 5565, inserted before semicolon “, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(A). Pub. L. 105–33, § 5565, inserted before semicolon “, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect”.

   Enacted provision · exact public law section
   SEC. 5565. FREELY ASSOCIATED STATES: CONTRACTS AND LICENSES. Sections 401(c)(2)(A) and 411(c)(2)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c)(2)(A) and 1621(c)(2)(A)) are each amended by inserting before the semicolon at the end “, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect”.

   Effective date note
   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.

3. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5581(b)(1) · 111 Stat. 251

   Changed · 8 U.S.C. § 1621(c)(3)

   Pub. L. 105–33, § 5581(b)(1), made technical amendment to reference in original act which appears in text as reference to section 1611(c) of this title

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 105–33, § 5581(b)(1), made technical amendment to reference in original act which appears in text as reference to section 1611(c) of this title.

   Enacted provision · exact public law section
   (1) Section 411(c)(3) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)(3)) is amended by striking “4001(c)” and inserting “401(c)”.

   Effective date note
   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.

4. 1998

   Noncitizen Benefit Clarification and Other Technical Amendments Act of 1998

   Pub. L. 105–306 § 5(b) · 112 Stat. 2926

   Added · 8 U.S.C. § 1621(c)(2)(C)

   Pub. L. 105–306 added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C). Pub. L. 105–306 added subpar. (C).

   Enacted provision · exact public law section
   (b) State or Local.— Section 411(c)(2) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)(2)) is amended— (1) at the end of subparagraph (A) by striking “or”; (2) at the end of subparagraph (B) by striking the period and inserting “; or”; and (3) by inserting after subparagraph (B) the following new subparagraph: “(C) to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.”.

4 of 4 references resolved to an enrolled provision