§4605 — Title 42 The Public Health and Welfare | U.S. Code

Summary

People who are not lawfully present in the United States must not get relocation payments or other help under this chapter, except in a narrow hardship case. Within 1 year after November 21, 1997, the lead agency had to create rules, after notice and public comment, that explain how to check immigration status, forbid discrimination, make decisions fair and reliable, and set standards for the hardship exception. If an agency finds by clear and convincing evidence that denying help would cause exceptional and extremely unusual hardship to the displaced person’s spouse, parent, or child who is a U.S. citizen or a lawful permanent resident, the agency must provide the payments and other assistance if the person would otherwise qualify. Other federal or state legal rights are not changed.

Title 42, §4605

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as provided in subsection (c), a displaced person shall not be eligible to receive relocation payments or any other assistance under this chapter if the displaced person is an alien not lawfully present in the United States.

(b)(1)Not later than 1 year after November 21, 1997, after providing notice and an opportunity for public comment, the head of the lead agency shall promulgate regulations to carry out subsection (a).

(2)Regulations promulgated under paragraph (1) shall—

(A)prescribe the processes, procedures, and information that a displacing agency must use in determining whether a displaced person is an alien not lawfully present in the United States;

(B)prohibit a displacing agency from discriminating against any displaced person;

(C)ensure that each eligibility determination is fair and based on reliable information; and

(D)prescribe standards for a displacing agency to apply in making determinations relating to exceptional and extremely unusual hardship under subsection (c).

(c)If a displacing agency determines by clear and convincing evidence that a determination of the ineligibility of a displaced person under subsection (a) would result in exceptional and extremely unusual hardship to an individual who is the displaced person’s spouse, parent, or child and who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, the displacing agency shall provide relocation payments and other assistance to the displaced person under this chapter if the displaced person would be eligible for the assistance but for subsection (a).

(d)Nothing in this section affects any right available to a displaced person under any other provision of Federal or State law.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c), was in the original “this Act”, meaning Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 4601 of this title and Tables.

§4605 Displaced persons not eligible for assistance