PRIA, Government Policy, Made Personal

Summary

People in the U.S. who are not one of three immigration categories cannot get state or local public benefits, unless exceptions apply. The three categories are: qualified alien (certain lawful immigrants under federal rules), nonimmigrant (people here on temporary visas), and someone paroled into the U.S. for less than one year. A "State or local public benefit" means things like grants, contracts, loans, professional or business licenses, and payments or services such as retirement, welfare, health care, disability, public housing, college aid, food help, or unemployment paid by state or local governments. There are four main exceptions: emergency medical care for a sudden serious condition (not organ transplants); short-term, noncash disaster relief; public health services like vaccines and testing/treatment for infectious disease symptoms; and certain community in-kind services (for example, soup kitchens or short-term shelter) that do not check income and protect life or safety as named by the Attorney General. A State can decide to cover people not lawfully present only by passing a law after August 22, 1996 that clearly allows it.

Title 8, §1621

Aliens and Nationality, Source: USLM XML via OLRC

(a)In general

Notwithstanding any other provision of law and except as provided in subsections (b) and (d), an alien who is not—

(1)a qualified alien (as defined in section 1641 of this title),

(2)a nonimmigrant under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], or

(3)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,

is not eligible for any State or local public benefit (as defined in subsection (c)).

(b)Exceptions

Subsection (a) shall not apply with respect to the following State or local public benefits:

(1)Assistance for health care items and services that are necessary for the treatment of an emergency medical condition (as defined in section 1396b(v)(3) of title 42) of the alien involved and are not related to an organ transplant procedure.

(2)Short-term, non-cash, in-kind emergency disaster relief.

(3)Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.

(4)Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General, in the Attorney General’s sole and unreviewable discretion after consultation with appropriate Federal agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (C) are necessary for the protection of life or safety.

(c)“State or local public benefit” defined

(1)Except as provided in paragraphs (2) and (3), for purposes of this subchapter the term “State or local public benefit” means—

(A)any grant, contract, loan, professional license, or commercial license provided by an agency of a State or local government or by appropriated funds of a State or local government; and

(B)any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of a State or local government or by appropriated funds of a State or local government.

(2)Such term shall not apply—

(A)to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect;

(B)with respect to benefits for an alien who as a work authorized nonimmigrant or as an alien lawfully admitted for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General; or

(C)to the issuance of a professional license to, or the renewal of a professional license by, a foreign national not physically present in the United States.

(3)Such term does not include any Federal public benefit under section 1611(c) of this title.

(d)State authority to provide for eligibility of illegal aliens for State and local public benefits

A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) only through the enactment of a State law after August 22, 1996, which affirmatively provides for such eligibility.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsecs. (a)(2) and (c)(2)(B), 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 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658, referred to in subsec. (c)(2)(A), means section 141 of the Compact of Free Association between the Government of the United States and the Governments of the Marshall Islands and the Federated States of Micronesia, which is contained in section 201 of Pub. L. 99–239, set out as a note under section 1901 of Title 48, Territories and Insular Possessions, and section 141 of the Compact of Free Association between the United States and the Government of Palau, which is contained in section 201 of Pub. L. 99–658, set out as a note under section 1931 of Title 48.

Amendments

1998—Subsec. (c)(2)(C). Pub. L. 105–306 added subpar. (C). 1997—Subsec. (c)(2)(A). Pub. L. 105–33, § 5565, inserted before semicolon “, or to a citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99–239 or 99–658 (or a successor provision) is in effect”. Subsec. (c)(3). Pub. L. 105–33, § 5581(b)(1), made technical amendment to reference in original act which appears in text as reference to section 1611(c) of this title.

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. Pilot Programs on Limiting Issuance of Driver’s License to Illegal Aliens Pub. L. 104–208, div. C, title V, § 502, Sept. 30, 1996, 110 Stat. 3009–671, provided that pursuant to guidelines by the Attorney General, all States could conduct pilot programs to determine the viability, advisability, and cost-effectiveness of denying driver’s licenses to aliens not lawfully present in the United States and, not later than 3 years after Sept. 30, 1996, the Attorney General should submit a report to the Judiciary Committees of Congress.

§1621 Aliens Who Are Not Qualified Aliens or Nonimmigrants Ineligible for State and Local Public Benefits