Title 8 — Aliens and NationalityRelease 119-73
§1622 State authority to limit eligibility of qualified aliens for State public benefits
Title 8 › Chapter CHAPTER 14— - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS › Subchapter SUBCHAPTER II— - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS › § 1622
Summary
States may decide whether certain noncitizens can get state public benefits. That rule applies to people who are in the country as a "qualified alien" (a defined immigration category), a temporary nonimmigrant, or someone paroled into the United States for less than one year. Some qualified aliens must be allowed benefits. That includes refugees, asylees, people with deportation withheld, Cuban and Haitian entrants, and certain Amerasian immigrants — each are eligible for benefits for 5 years after their entry, asylum grant, or withholding. It also includes lawful permanent residents who have 40 qualifying work quarters (or credits under the law) and who, for any credited quarters after December 31, 1996, did not receive Federal means‑tested benefits during those periods. Veterans with an honorable discharge who meet the minimum service rules, people on active duty (not training), and their spouses, unmarried dependent children, or certain surviving spouses are included. Finally, anyone lawfully living in a State and receiving benefits on August 22, 1996, could keep those benefits until January 1, 1997.
Full Legal Text
Title 8, §1622
Aliens and Nationality — Source: USLM XML via OLRC
(a)Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in section 1641 of this title), a nonimmigrant under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for less than one year.
(b)Qualified aliens under this subsection shall be eligible for any State public benefits.
(1)(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] until 5 years after the date of an alien’s entry into the United States.
(B)An alien who is granted asylum under section 208 of such Act [8 U.S.C. 1158] until 5 years after the date of such grant of asylum.
(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) until 5 years after such withholding.
(D)An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 until 5 years after the alien is granted such status.
(E)An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 11 See References in Text note below. of this title.
(2)An alien who—
(A)is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; and
(B)(i)has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title, and (ii) 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 1613 of this title) during any such period.
(3)An alien who is lawfully residing in any State and is—
(A)a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38,
(B)on active duty (other than active duty for training) in the Armed Forces of the United States, or
(C)the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 22 So in original. Probably should be “subparagraph (A) or (B)”. who is deceased if the marriage fulfills the requirements of section 1304 of title 38.
(4)An alien who on August 22, 1996, is lawfully residing in any State and is receiving benefits on August 22, 1996, shall continue to be eligible to receive such benefits until January 1, 1997.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Immigration and Nationality Act, referred to in subsecs. (a) and (b)(2)(A), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 1101 of this title and Tables. section 243 of such Act, referred to in subsec. (b)(1)(C), is section 243 of act June 27, 1952, which is classified to section 1253 of this title. section 1253 of this title was amended generally by Pub. L. 104–208, div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and, as so amended, no longer contains a subsec. (h). For
Effective Date
of section 307 of Pub. L. 104–208, see section 309 of Pub. L. 104–208, set out as an
Effective Date
of 1996
Amendments
note under section 1101 of this title. 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, 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), June 23, 1998, 112 Stat. 578. The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
1997—Subsec. (b)(1)(C). Pub. L. 105–33, § 5581(b)(3), substituted “withholding” for “with-holding”. 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)(2), added subpar. (D). Subsec. (b)(1)(E). Pub. L. 105–33, § 5306(d), added subpar. (E). Subsec. (b)(3)(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)(3)(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”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1997 AmendmentAmendment by section 5302(c)(2) and 5306(d) 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 section 5562, 5563, and 5581(b)(3) 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.
Reference
Citations & Metadata
Citation
8 U.S.C. § 1622
Title 8 — Aliens and Nationality
Last Updated
Apr 6, 2026
Release point: 119-73