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Title 8 — Aliens and NationalityRelease 119-73

§1615 Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts

Title 8 › Chapter CHAPTER 14— - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS › Subchapter SUBCHAPTER I— - ELIGIBILITY FOR FEDERAL BENEFITS › § 1615

Last updated Apr 6, 2026|Official source

Summary

If a person can get free public education under state or local rules, they cannot be denied school lunch or school breakfast because of their citizenship, immigration status, or whether they are an alien. This covers the school lunch program under the Richard B. Russell National School Lunch Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966. A State may decide whether to give other food or nutrition benefits to people who are not citizens or not “qualified aliens” (a legal immigration category defined in section 1641(b)). Those other programs include other Child Nutrition and School Lunch programs, section 4 of the Agriculture and Consumer Protection Act of 1973, the Emergency Food Assistance Act of 1983, and the food distribution program on Indian reservations.

Full Legal Text

Title 8, §1615

Aliens and Nationality — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) on the basis of citizenship, alienage, or immigration status.
(b)(1)Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in section 1641(b) of this title, benefits under programs established under the provisions of law described in paragraph (2).
(2)The provisions of law described in this paragraph are the following:
(A)Programs (other than the school lunch program and the school breakfast program) under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(B)section 4 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note).
(C)The Emergency Food Assistance Act of 1983 [7 U.S.C 7501 et seq.].
(D)The food distribution program on Indian reservations established under section 2013(b) of title 7.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsecs. (a) and (b)(1), is Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2105, known as the “Personal Responsibility and Work Opportunity Reconciliation Act of 1996”. For complete classification of this Act to the Code, see

Short Title

of 1996 Amendment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables. The Richard B. Russell National School Lunch Act, referred to in subsecs. (a) and (b)(2)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42. 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. (b)(2)(A), is Pub. L. 89–642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42. For complete classification of this Act to the Code, see

Short Title

note set out under section 1771 of Title 42 and Tables. section 4 of the Agriculture and Consumer Protection Act of 1973, referred to in subsec. (b)(2)(B), is section 4 of Pub. L. 93–86, which is set out as a note under section 612c of Title 7, Agriculture. The Emergency Food Assistance Act of 1983, referred to in subsec. (b)(2)(C), is title II of Pub. L. 98–8, Mar. 24, 1983, 97 Stat. 35, which is classified generally to chapter 102 (§ 7501 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see

Short Title

note set out under section 7501 of Title 7, and Tables. Codification Section was enacted as part of title VII of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of title IV of that Act which comprises this chapter.

Amendments

1999—Pub. L. 106–78 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act” in section catchline and in two places in text.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1615

Title 8 — Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73