§1643 — Title 8 Aliens and Nationality | U.S. Code

Summary

Makes clear that the chapter does not give anyone a guaranteed right to federal, state, or local programs, and it does not decide whether a person meets a program’s rules. It only deals with eligibility based on immigration status. It does not address eligibility for basic public education as decided in Plyler v. Doe (457 U.S. 202) (1982). Limits in the chapter do not apply to noncitizens who are not in the United States for certain earned government payments (wages, pensions, annuities) from lawful government work under section 274A [8 U.S.C. 1324a] or other parts of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], or for benefits run by the Secretary of Veterans Affairs. Programs counted as foreign assistance are also excluded if the Secretary of State, with the Attorney General, says so. If any part is found unconstitutional, the rest stays in effect.

Title 8, §1643

Aliens and Nationality — Source: USLM XML via OLRC

(a)(1)Nothing in this chapter may be construed as an entitlement or a determination of an individual’s eligibility or fulfillment of the requisite requirements for any Federal, State, or local governmental program, assistance, or benefits. For purposes of this chapter, eligibility relates only to the general issue of eligibility or ineligibility on the basis of alienage.

(2)Nothing in this chapter may be construed as addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler v. Doe (457 U.S. 202)(1982).

(b)Notwithstanding any other provision of this chapter, the limitations on eligibility for benefits under this chapter shall not apply to eligibility for benefits of aliens who are not residing, or present, in the United States with respect to—

(1)wages, pensions, annuities, and other earned payments to which an alien is entitled resulting from employment by, or on behalf of, a Federal, State, or local government agency which was not prohibited during the period of such employment or service under section 274A [8 U.S.C. 1324a] or other applicable provision of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; or

(2)benefits under laws administered by the Secretary of Veterans Affairs.

(c)This chapter does not apply to any Federal, State, or local governmental program, assistance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General.

(d)If any provision of this chapter or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this chapter and the application of the provisions of such to any person or circumstance shall not be affected thereby.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in text, was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and section 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, section 32 and 6213 of Title 26, Internal Revenue Code, and section 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables. The Immigration and Nationality Act, referred to in subsec. (b)(1), 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.

Amendments

1997—Subsecs. (b) to (d). Pub. L. 105–33 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 1997 AmendmentAmendment by 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.

§1643 Statutory construction