§ 1631. Federal attribution of sponsor’s income and resources to alien

Footnotes

1. 1 See References in Text note below.

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 § 421 · 110 Stat. 2105

   Enacted · 8 U.S.C. § 1631

   Pub. L. 104–193, title IV, § 421, Aug. 22, 1996, 110 Stat. 2270

   Source evidence

   Code source credit
   Pub. L. 104–193, title IV, § 421, Aug. 22, 1996, 110 Stat. 2270

   Enacted provision · exact public law section
   SEC. 421. FEDERAL ATTRIBUTION OF SPONSOR’S INCOME AND RESOURCES TO ALIEN. (a) In General.— Notwithstanding any other provision of law, in determining the eligibility and the amount of benefits of an alien for any Federal means-tested public benefits program (as provided under section 403), the income and resources of the alien shall be deemed to include the following: (1) The income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act (as added by section 423) on behalf of such alien. (2) The income and resources of the spouse (if any) of the person. (b) Duration of Attribution Period.— Subsection (a) shall apply with respect to an alien until such time as the alien— (1) achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act; or (2) (A) 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 (B) 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. (c) Review of Income and Resources of Alien Upon Re-application.— Whenever an alien is required to reapply for benefits under any Federal means-tested public benefits program, the applicable agency shall review the income and resources attributed to the alien under subsection (a). (d) Application.— (1) If on the date of the enactment of this Act, a Federal means-tested public benefits program attributes a sponsor’s income and resources to an alien in determining the alien’s eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning on the day after the date of the enactment of this Act. (2) If on the date of the enactment of this Act, a Federal means-tested public benefits program does not attribute a sponsor’s income and resources to an alien in determining the alien’s eligibility and the amount of benefits for an alien, this section shall apply to any such determination beginning 180 days after the date of the enactment of this Act.

2. 1996

   Pub. L. 104–208 § 551(b)(1) · 110 Stat. 3009

   Inserted · 8 U.S.C. § 1631(a)(1)

   Pub. L. 104–208, § 551(b)(1), inserted “and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996” after “section 423”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 104–208, § 551(b)(1), inserted “and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996” after “section 423”.

   Enacted provision · exact public law section
   (b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the United States.

3. 1996

   Pub. L. 104–208 § 552 · 110 Stat. 3009

   Added · 8 U.S.C. § 1631(e); 8 U.S.C. § 1631(f)

   Pub. L. 104–208, § 552, added subsecs. (e) and (f)

   Source evidence

   Code amendment note
   Subsecs. (e), (f). Pub. L. 104–208, § 552, added subsecs. (e) and (f).

   Enacted provision · exact public law section
   Sec. 552. withholding of assistance for parking fines owed by foreign countries (a) In General.— Of the funds made available for a foreign country under part I of the Foreign Assistance Act of 1961, an amount equivalent to 110 percent of the total unpaid fully adjudicated parking fines and penalties owed to the District of Columbia by such country as of the date of enactment of this Act shall be withheld from obligation for such country until the Secretary of State certifies and reports in writing to the appropriate congressional committees that such fines and penalties are fully paid to the government of the District of Columbia. (b) Definition.— For purposes of this section, the term “appropriate congressional committees” means the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on International Relations and the Committee on Appropriations of the House of Representatives.

4. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 title V § 5571(d) · 111 Stat. 251

   1. Struck · 8 U.S.C. § 1631(f)(1)(A)

      Pub. L. 105–33 struck out “or” before “(ii) the alien’s child”

   2. Substituted · 8 U.S.C. § 1631(f)(1)(A)

      Pub. L. 105–33 substituted “or (iii) the alien is a child whose parent (who resides in the same household as the alien child) has been battered or subjected to extreme cruelty in the United States by that parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent and the spouse consented to, or acquiesced in, such battery or cruelty, and the battery or cruelty described in clause (i), (ii), or (iii)” for “and the battery or cruelty described in clause (i) or (ii)”

   Source evidence

   Code amendment note
   Subsec. (f)(1)(A). Pub. L. 105–33 struck out “or” before “(ii) the alien’s child” and substituted “or (iii) the alien is a child whose parent (who resides in the same household as the alien child) has been battered or subjected to extreme cruelty in the United States by that parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent and the spouse consented to, or acquiesced in, such battery or cruelty, and the battery or cruelty described in clause (i), (ii), or (iii)” for “and the battery or cruelty described in clause (i) or (ii)”.

   Enacted provision · exact public law section
   (d) Inclusion of Alien Child of Battered Parent Under Special Rule for Attribution Of Income.— Section 421(f)(1)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(f)(1)(A)) is amended— (1) at the end of clause (i) by striking “or”; and (2) by striking “and the battery or cruelty described in clause (i) or (ii)” and inserting “or (iii) the alien is a child whose parent (who resides in the same household as the alien child) has been battered or subjected to extreme cruelty in the United States by that parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent and the spouse consented to, or acquiesced in, such battery or cruelty, and the battery or cruelty described in clause (i), (ii), or (iii)”.

5. 2002

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

   Added · 8 U.S.C. § 1631(d)(3)

   Pub. L. 107–171 added par. (3)

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 107–171 added par. (3).

   Enacted provision · exact public law section
   (B) Section 421(d) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631(d)) is amended by adding at the end the following: “(3) This section shall not apply to assistance or benefits Applicability. under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.) to the extent that a qualified alien is eligible under section 402(a)(2)(J).”

   Effective date note
   Amendment by Pub. L. 107–171 effective Oct. 1, 2003, see section 4401(b)(3) of Pub. L. 107–171, set out as a note under section 2014 of Title 7, Agriculture.

6 of 6 references resolved to an enrolled provision