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Title 8 — Aliens and Nationality

Chapter 14 — Restricting Welfare and Public Benefits for Aliens

§ 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits

Statutory text

(a)

In general

Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.

(b)

Effective date

This section shall apply to benefits provided on or after .

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. Pub. L. 104–208 div. C title V § 505 · 110 Stat. 3009

    Enacted · 8 U.S.C. § 1623

    (Pub. L. 104–208, div. C, title V, § 505, Sept. 30, 1996, 110 Stat. 3009–672.)

    Source evidence

    Code source credit
    (Pub. L. 104–208, div. C, title V, § 505, Sept. 30, 1996, 110 Stat. 3009–672.)

    Enacted provision · exact public law section
    Sec. 505. limitation on representational allowances Of the funds appropriated or made available pursuant to this Act, not to exceed $95,000 shall be available for representation allowances for the Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the funds made available by this Act for general costs of administering military assistance and sales under the heading “Foreign Military Financing Program”, not to exceed $2,000 shall be available for entertainment expenses and not to exceed $50,000 shall be available for representation allowances: Provided further, That of the funds made available by this Act under the heading “International Military Education and Training”, not to exceed $50,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this Act for the Inter-American Foundation, not to exceed $2,000 shall be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,000 shall be available for entertainment expenses: Provided further, That of the funds made available by this Act under the heading “Trade and Development Agency”, not to exceed $2,000 shall be available for representation and entertainment allowances.

1 of 1 references resolved to an enrolled provision

Editorial Notes

Codification

Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.

Credits

(Pub. L. 104–208, div. C, title V, § 505, , 110 Stat. 3009–672.)

Parsed from the official OLRC USLM XML in data/usc_all/usc08.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t8/s1623