Title 8, Aliens and NationalityRelease 119-110
§1622 State Authority to Limit Eligibility of Qualified Aliens for State Public Benefits
Title 8 › CHAPTER 14 — RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS › SUBCHAPTER II — ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS › § 1622
Summary
States may choose who among certain immigrants can get state public benefits. That rule applies to qualified aliens (a legal category defined elsewhere), nonimmigrants, and people paroled into the U.S. for less than one year under 8 U.S.C. 1182(d)(5). Some qualified aliens must be allowed to get benefits. Refugees, asylees, people whose deportation is withheld, Cuban and Haitian entrants, and certain Amerasian immigrants are eligible (refugees, asylees, withheld-deportation cases, and Cuban/Haitian entrants are covered for up to 5 years from their entry, grant, or withholding date as stated). Lawful permanent residents who have 40 qualifying Social Security “quarters” (or are credited under the law) may be eligible, but any credited quarters after December 31, 1996 must not have involved receiving federal means-tested benefits. Veterans with honorable discharges who meet service rules, active-duty service members (not training), their spouses and unmarried dependent children, and some surviving spouses are eligible. People lawfully living in a State and receiving benefits on August 22, 1996 could keep them until January 1, 1997.
Full Legal Text
Title 8, §1622
Aliens and Nationality, Source: USLM XML via OLRC
(a)In general
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)Exceptions
Qualified aliens under this subsection shall be eligible for any State public benefits.
(1)Time-limited exception for refugees and asylees
(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) of this title.
(2)Certain permanent resident aliens
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)Veteran and active duty exception
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) who is deceased if the marriage fulfills the requirements of section 1304 of title 38.
(4)Transition for those currently receiving benefits
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
Sep 23, 2026
Release point: 119-110