Title 8 — Aliens and NationalityRelease 119-73

§1623 Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits

Title 8 › Chapter CHAPTER 14— - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS › Subchapter SUBCHAPTER II— - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS › § 1623

Last updated Apr 6, 2026|Official source

Summary

People who are not lawfully in the United States cannot get college or other post‑high‑school education benefits that are based on living in a state or part of a state. They can only get those benefits if U.S. citizens or U.S. nationals would get the exact same benefit — the same amount, the same length of time, and the same coverage — even if those citizens do not live in the state. The rule applies to benefits given on or after July 1, 1998.

Full Legal Text

Title 8, §1623

Aliens and Nationality — Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.

(b)This section shall apply to benefits provided on or after July 1, 1998.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.

Reference

Citations & Metadata

Citation

8 U.S.C. § 1623

Title 8 — Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73