Title 8, Aliens and NationalityRelease 119-110
§1623 Limitation on Eligibility for Preferential Treatment of Aliens Not Lawfully Present on Basis of Residence for Higher Education Benefits
Title 8 › CHAPTER 14 — RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS › SUBCHAPTER II — ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS › § 1623
Summary
People not lawfully in the U.S. cannot get postsecondary benefits based on state residence unless U.S. citizens or nationals receive the same amount, duration, and scope. Covers benefits on or after July 1, 1998.
Full Legal Text
Title 8, §1623
Aliens and Nationality, Source: USLM XML via OLRC
(a)In general
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)Effective date
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
Sep 22, 2026
Release point: 119-110