§ 1622. State authority to limit eligibility of qualified aliens for State public benefits

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 § 412 · 110 Stat. 2105

   Enacted · 8 U.S.C. § 1622

   Pub. L. 104–193, title IV, § 412, Aug. 22, 1996, 110 Stat. 2269

   Source evidence

   Code source credit
   Pub. L. 104–193, title IV, § 412, Aug. 22, 1996, 110 Stat. 2269

   Enacted provision · exact public law section
   SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED ALIENS FOR STATE PUBLIC BENEFITS. (a) In General.— Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in section 431), a non-immigrant under the Immigration and Nationality Act, or an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year. (b) Exceptions.— Qualified aliens under this subsection shall be eligible for any State public benefits. (1) Time-limited 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 until 5 years after the date of an alien’s entry into the United States. (B) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum. (C) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withholding. (2) Certain permanent resident aliens.— An alien who— (A) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and (B) (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403) during any such period. (3) 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). (4) Transition for those currently receiving benefits.— An alien who on the date of the enactment of this Act is lawfully residing in any State and is receiving benefits on the date of the enactment of this Act shall continue to be eligible to receive such benefits until January 1, 1997.

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

2. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5581(b)(3) · 111 Stat. 251

   Substituted · 8 U.S.C. § 1622(b)(1)(C)

   Pub. L. 105–33, § 5581(b)(3), substituted “withholding” for “with-holding”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C). Pub. L. 105–33, § 5581(b)(3), substituted “withholding” for “with-holding”.

   Enacted provision · exact public law section
   (3) Section 412(b)(1)(C) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1622(b)(1)(C)) is amended by striking “withholding” and inserting “withholding”.

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

3. 1997

   Balanced Budget Act of 1997

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

   Substituted · 8 U.S.C. § 1622(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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   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)”.

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

4. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 § 5302(c)(2) · 111 Stat. 251

   Added · 8 U.S.C. § 1622(b)(1)(D)

   Pub. L. 105–33, § 5302(c)(2), added subpar. (D)

   Source evidence

   Code amendment note
   Subsec. (b)(1)(D). Pub. L. 105–33, § 5302(c)(2), added subpar. (D).

   Enacted provision · exact public law section
   (2) State public benefits.— Section 412(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1622(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 until 5 years after the alien is granted such status.”

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

5. 1997

   Balanced Budget Act of 1997

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

   Added · 8 U.S.C. § 1622(b)(1)(E)

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

   Source evidence

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

   Enacted provision · exact public law section
   (d) For Purposes of Certain State Programs.— Section 412(b)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1622(b)(1)) is amended by adding at the end the following new subparagraph: “(E) An alien admitted to the United States as an Amerasian immigrant as described in section 402(a)(2)(A)(i)(V).”.

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

6. 1997

   Balanced Budget Act of 1997

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

   Inserted · 8 U.S.C. § 1622(b)(3)(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)(3)(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”.

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

7. 1997

   Balanced Budget Act of 1997

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

   Inserted · 8 U.S.C. § 1622(b)(3)(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”.

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

8. 1997

   Balanced Budget Act of 1997

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

   Inserted · 8 U.S.C. § 1622(b)(3)(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)(3)(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”.

   Effective date note
   Amendment by sections 5302(c)(2) and 5306(d) 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, 5563, and 5581(b)(3) 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.

8 of 8 references resolved to an enrolled provision