Title 8Aliens and NationalityRelease 119-73

§1624 Authority of States and political subdivisions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance

Title 8 › Chapter CHAPTER 14— - RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS › Subchapter SUBCHAPTER II— - ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS › § 1624

Last updated Apr 6, 2026|Official source

Summary

States and local governments may bar or limit immigrants or classes of immigrants from getting general cash public assistance under state law. Any limits must not be stricter than comparable federal program rules. Counting a sponsor’s income under section 1631 is treated as less strict than a ban.

Full Legal Text

Title 8, §1624

Aliens and Nationality — Source: USLM XML via OLRC

(a)Subject to subsection (b) and notwithstanding any other provision of law, a State or political subdivision of a State is authorized to prohibit or otherwise limit or restrict the eligibility of aliens or classes of aliens for programs of general cash public assistance furnished under the law of the State or a political subdivision of a State.
(b)The authority provided for under subsection (a) may be exercised only to the extent that any prohibitions, limitations, or restrictions imposed by a State or political subdivision of a State are not more restrictive than the prohibitions, limitations, or restrictions imposed under comparable Federal programs. For purposes of this section, attribution to an alien of a sponsor’s income and resources (as described in section 1631 of this title) for purposes of determining eligibility for, and the amount of, benefits shall be considered less restrictive than a prohibition of eligibility for such benefits.

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. § 1624

Title 8Aliens and Nationality

Last Updated

Apr 6, 2026

Release point: 119-73