§ 1632. Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs

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 § 422 · 110 Stat. 2105

   Enacted · 8 U.S.C. § 1632

   Pub. L. 104–193, title IV, § 422, Aug. 22, 1996, 110 Stat. 2271

   Source evidence

   Code source credit
   Pub. L. 104–193, title IV, § 422, Aug. 22, 1996, 110 Stat. 2271

   Enacted provision · exact public law section
   SEC. 422. AUTHORITY FOR STATES TO PROVIDE FOR ATTRIBUTION OF SPONSORS INCOME AND RESOURCES TO THE ALIEN WITH RESPECT TO STATE PROGRAMS. (a) Optional Application to State Programs.— Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits (as defined in section 412(c)), the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include— (1) the income and resources of any individual 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, and (2) the income and resources of the spouse (if any) of the individual. (b) Exceptions.— Subsection (a) shall not apply with respect to the following State public benefits: (1) Assistance described in section 411(b)(1). (2) Short-term, non-cash, in-kind emergency disaster refief. (3) Programs comparable to assistance or benefits under the National School Lunch Act. (4) Programs comparable to assistance or benefits under the Child Nutrition Act of 1966. (5) 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. (6) Payments for foster care and adoption assistance. (7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate 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.

   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. 1996

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

   Inserted · 8 U.S.C. § 1632(a)(1)

   Pub. L. 104–208 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 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. 1997

   Balanced Budget Act of 1997

   Pub. L. 105–33 title V § 5581(b)(2) · 111 Stat. 251

   Struck · 8 U.S.C. § 1632(a)

   Pub. L. 105–33 struck out “(as defined in section 1622(c) of this title)” after “public benefits” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–33 struck out “(as defined in section 1622(c) of this title)” after “public benefits” in introductory provisions.

   Enacted provision · exact public law section
   (2) Section 422(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1632(a)) is amended by striking “benefits (as defined in section 412(c)),” and inserting “benefits,”.

   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. 1999

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

   Substituted · 8 U.S.C. § 1632(b)(3)

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

   Source evidence

   Code amendment note
   Subsec. (b)(3). 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).

4 of 4 references resolved to an enrolled provision