Title 8, Aliens and NationalityRelease 119-110
§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 14 — RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS › SUBCHAPTER II — ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS › § 1624
Summary
States and local governments may bar or limit immigrants or groups of immigrants from getting general cash public assistance they provide. Any limits must not be tougher than the rules for similar federal programs. Treating a sponsor’s income and resources as the immigrant’s is considered less strict than banning benefits.
Full Legal Text
Title 8, §1624
Aliens and Nationality, Source: USLM XML via OLRC
(a)In general
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)Limitation
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 8, Aliens and Nationality
Last Updated
Sep 22, 2026
Release point: 119-110