United States Code (Last Updated: May 24, 2014) |
Title 8. ALIENS AND NATIONALITY |
Chapter 14. RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS |
SubChapter I. ELIGIBILITY FOR FEDERAL BENEFITS |
§ 1613. Five-year limited eligibility of qualified aliens for Federal means-tested public benefit
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(a) In general Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d) of this section, an alien who is a qualified alien (as defined in section 1641 of this title) and who enters the United States on or after
August 22, 1996 , is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States with a status within the meaning of the term “qualified alien”.(b) Exceptions The limitation under subsection (a) of this section shall not apply to the following aliens: (1) 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 [8 U.S.C. 1157]. (B) An alien who is granted asylum under section 208 of such Act [8 U.S.C. 1158]. (C) An alien whose deportation is being withheld under section 243(h) of such Act [8 U.S.C. 1253] (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 [8 U.S.C. 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104–208). (D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980. (E) An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]. (L) Assistance or benefits provided to individuals under the age of 18 under the Food Stamp Act of 1977 1 (7 U.S.C. 2011 et seq.). (d) Benefits for certain groups Notwithstanding any other provision of law, the limitations under section 1611(a) of this title and subsection (a) of this section shall not apply to— (1) an individual described in section 1612(a)(2)(G) of this title, but only with respect to the programs specified in subsections (a)(3) and (b)(3)(C) of section 1612 of this title; or (2) an individual, spouse, or dependent described in section 1612(a)(2)(K) of this title, but only with respect to the specified Federal program described in section 1612(a)(3)(B) of this title.
References In Text
Section 243 of such Act, referred to in subsec. (b)(1)(C), is section 243 of act
Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(1)(D), is section 501(e) of Pub. L. 96–422, as amended, which is set out in a note under section 1522 of this title.
Section 1612(a)(2)(A)(i)(V) of this title, referred to in subsec. (b)(1)(E), was redesignated section 1612(a)(2)(A)(v) of this title by Pub. L. 105–185, title V, § 503(2), (3),
The Richard B. Russell National School Lunch Act, referred to in subsec. (c)(2)(C), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
The Child Nutrition Act of 1966, referred to in subsec. (c)(2)(D), is Pub. L. 89–642,
The Social Security Act, referred to in subsec. (c)(2)(E), (F), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Parts B and E of title IV and title XIX of the Act are classified generally to parts B (§ 620 et seq.) and E (§ 670 et seq.) of subchapter IV and subchapter XIX (§ 1396 et seq.), respectively, of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Higher Education Act of 1965, referred to in subsec. (c)(2)(H), is Pub. L. 89–329,
The Public Health Service Act, referred to in subsec. (c)(2)(H), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Titles III, VII, and VIII of the Act are classified generally to subchapters II (§ 241 et seq.), V (§ 292 et seq.), and VI (§ 296 et seq.), respectively, of chapter 6A of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
The Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(2)(I), is Pub. L. 89–10,
The Head Start Act, referred to in subsec. (c)(2)(J), is subchapter B (§§ 635–657) of chapter 8 of subtitle A of title VI of Pub. L. 97–35,
The Workforce Investment Act of 1998, referred to in subsec. (c)(2)(K), is Pub. L. 105–220,
The Food Stamp Act of 1977, referred to in subsec. (c)(2)(L), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525,
Amendments
2002—Subsec. (c)(2)(L). Pub. L. 107–171 added subpar. (L).
1999—Subsec. (c)(2)(C). Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.
1998—Subsec. (c)(2)(K). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(3)(A)], struck out “Job Training Partnership Act or” before “title I of”.
Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(3)(A)], substituted “Job Training Partnership Act or title I of the Workforce Investment Act of 1998” for “Job Training Partnership Act”.
Subsec. (d). Pub. L. 105–185 substituted “Benefits for certain groups” for “SSI and medicaid benefits for certain Indians” in heading, designated provisions beginning “an individual” as par. (1), substituted “to—” for “to”, “(a)(3)” for “(a)(3)(A)”, and “; or” for period at end, and added par. (2).
1997—Subsec. (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”.
Subsec. (b)(1)(D). Pub. L. 105–33, § 5302(c)(1)(A), added subpar. (D).
Subsec. (b)(1)(E). Pub. L. 105–33, § 5306(c), added subpar. (E).
Subsec. (b)(2)(A). Pub. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”.
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”.
Subsec. (b)(2)(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”.
Subsec. (d). Pub. L. 105–33, § 5303(c), added subsec. (d).
Pub. L. 105–33, § 5302(c)(1)(B), struck out heading and text of subsec. (d). Text read as follows: “The limitation under subsection (a) of this section shall not apply to refugee and entrant assistance activities, authorized by title IV of the Immigration and Nationality Act [8 U.S.C. 1521 et seq.] and section 501 of the Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as defined in section 501(e)(2) of the Refugee Education Assistance Act of 1980.”
Effective Date Of Amendment
Amendment by section 4401(b)(2)(A) of Pub. L. 107–171 effective
Amendment by section 101(f) [title VIII, § 405(d)(3)(A)] of Pub. L. 105–277 effective
Amendment by Pub. L. 105–185 effective
Amendment by sections 5302(c)(1), 5303(c), and 5306(c) 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 and 5563 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.