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8 U.S.C. § 1622 — Aliens who are not qualified aliens or nonimmigrants ineligible for State and local public benefits
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)),
(2) a nonimmigrant under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/5&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b/v/3&num=0&edition=prelim)) 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
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Source file: Laws/federal/codes/united-states-code/title-8/section-1622-aliens-who-are-not-qualified-aliens-or-nonimmigrants-ineligible-for-stat--50158eceac.md
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Source location: Title 8, Chapter 14, § 1622; chapter-014-restricting-welfare-and-public-benefits-for-aliens.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)),
(2) a nonimmigrant under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) 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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/d/5&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b/v/3&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611/c&num=0&edition=prelim).
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Optional application to State programs** Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits, the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include—
(1) the income and resources of any individual who executed an affidavit of support pursuant to [section 1183a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1183a&num=0&edition=prelim) (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) on behalf of such alien, and
(2) the income and resources of the spouse (if any) of the individual.
**(b) Exceptions** Subsection (a) shall not apply with respect to the following State public benefits:
(1) Assistance described in [section 1621(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1621/b/1&num=0&edition=prelim).
(2) Short-term, non-cash, in-kind emergency disaster relief.
(3) Programs comparable to assistance or benefits under the Richard B. Russell National School Lunch Act [[42 U.S.C. 1751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1751&num=0&edition=prelim) et seq.].
(4) Programs comparable to assistance or benefits under the Child Nutrition Act of 1966 [[42 U.S.C. 1771](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1771&num=0&edition=prelim) et seq.].
(5) 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 co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1641
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), in no case may the Attorney General, or any other official or employee of the Department of Justice, the Secretary of Homeland Security, the Secretary of State, or any other official or employee of the Department of Homeland Security or Department of State (including any bureau or agency of either of such Departments)—
(1) make an adverse determination of admissibility or deportability of an alien under the Immigration and Nationality Act [[8 U.S.C. 1101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101&num=0&edition=prelim) et seq.] using information furnished solely by—
(A) a spouse or parent who has battered the alien or subjected the alien to extreme cruelty,
(B) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien or subjected the alien to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty,
(C) a spouse or parent who has battered the alien’s child or subjected the alien’s child to extreme cruelty (without the active participation of the alien in the battery or extreme cruelty),
(D) a member of the spouse’s or parent’s family residing in the same household as the alien who has battered the alien’s child or subjected the alien’s child to extreme cruelty when the spouse or parent consented to or acquiesced in such battery or cruelty and the alien did not actively participate in such battery or cruelty,
(E) in the case of an alien applying for status under section 101(a)(15)(U) of the Immigration and Nationality Act [[8 U.S.C. 1101(a)(15)(U)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/a/15/U&num=0&edition=prelim)], the perpet
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1367
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Approval** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of Palau is hereby approved, and Congress hereby consents to the agreements as set forth on pages 154 through 405 of House Document 99–193 of April 9, 1986 (hereafter in this joint resolution referred to as subsidiary or related agreements), as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement.
**(b) Reference to Compact** Any reference in this joint resolution to the “Compact” shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution.
**(c) Amendment, change, or termination of Compact and certain agreements**
(1) Mutual agreement by the Government of the United States as provided in the Compact which results in amendment, change, or termination of all or any part thereof shall be affected only by Act of Congress and no unilateral action by the Government of the United States provided for in the Compact, and having such result, may be effected other than by Act of Congress.
(2) The provisions of paragraph (1) shall apply—
(A) to all actions of the Government of the United States under the Compact including, but not limited to, actions taken pursuant to sections 431, 432, 441, or 442;
(B) to any amendment, change, or termination in any agreement that may be concluded at any time between the Government of the United States and the Government of Palau regarding friends
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1931
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** As used in this chapter—
(1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim).
(2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in.
(3) The term “alien” means any person not a citizen or national of the United States.
(4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa.
(5) The term “Attorney General” means the Attorney General of the United States.
(6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien.
(7) The term “clerk of court” means a clerk of a naturalization court.
(8) The terms “Commissioner” and “Deputy Commissioner” mean the Co
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federated States of Micronesia** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Federated States of Micronesia is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement.
**(b) Marshall Islands** The Compact of Free Association set forth in title II of this joint resolution between the United States and the Government of the Marshall Islands is hereby approved, and Congress hereby consents to the subsidiary agreements as set forth on pages 115 through 391 of House Document 98–192 of March 30, 1984, as they relate to such Government. Subject to the provisions of this joint resolution, the President is authorized to agree, in accordance with section 411 of the Compact, to an effective date for and thereafter to implement such Compact, having taken into account any procedures with respect to the United Nations for termination of the Trusteeship Agreement.
**(c) Reference to Compact** Any reference in this joint resolution to “the Compact” shall be treated as a reference to the Compact of Free Association set forth in title II of this joint resolution.
**(d) Amendment, change, or termination in Compact and certain agreements**
(1) Mutual agreement by the Government of the United States as provided in the Compact which results in
Source: Supplied U.S. Code snapshot — release unconfirmed · 48 U.S.C. § 1901
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Federal law — U.S. Code and appendices · legal_authorities
Page 16
TITLE 8—ALIENS AND NATIONALITY
§ 1101
Sec.
1484 to 1487. Repealed.
1488.
Nationality lost solely from performance of
acts or fulfillment of conditions.
1489.
Application of treaties; exceptions.
PART IV—MISCELLANEOUS
1501.
Certificate of diplomatic or consular officer
of United States as to loss of American na-
tionality.
1502.
Certificate of nationality issued by Secretary
of State for person not a naturalized citizen
of United States for use in proceedings of a
foreign state.
1503.
Denial of rights and privileges as national.
1504.
Cancellation of United States passports and
Consular Reports of Birth.
SUBCHAPTER IV—REFUGEE ASSISTANCE
1521.
Office of Refugee Resettlement; establish-
ment; appointment of Director; functions.
1522.
Authorization for programs for domestic re-
settlement of and assistance to refugees.
1523.
Congressional reports.
1524.
Authorization of appropriations.
1525.
Repealed.
SUBCHAPTER V—ALIEN TERRORIST REMOVAL
PROCEDURES
1531.
Definitions.
1532.
Establishment of removal court.
1533.
Removal court procedure.
1534.
Removal hearing.
1535.
Appeals.
1536.
Custody and release pending removal hearing.
1537.
Custody and release after removal hearing.
SUBCHAPTER I—GENERAL PROVISIONS
§ 1101. Definitions
(a) As used in this chapter—
(1) The term ‘‘administrator’’ means the offi-
cial designated by the Secretary of State pursu-
ant to section 1104(b) of this title.
(2) The term ‘‘advocates’’ includes, but is not
limited to, advises, recommends, furthers by
overt act, and admits belief in.
(3) The term ‘‘alien’’ means any person not a
citizen or national of the United States.
(4) The term ‘‘application for admission’’ has
reference to the application for admission into
the United States and not
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Classes of aliens ineligible for visas or admission** Except as otherwise provided in this chapter, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(1) **Health-related grounds**
(A) *In general* — Any alien—
(i) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services) to have a communicable disease of public health significance; 11 So in original. The semicolon probably should be a comma.
(ii) except as provided in subparagraph (C), who seeks admission as an immigrant, or who seeks adjustment of status to the status of an alien lawfully admitted for permanent residence, and who has failed to present documentation of having received vaccination against vaccine-preventable diseases, which shall include at least the following diseases: mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenza type B and hepatitis B, and any other vaccinations against vaccine-preventable diseases recommended by the Advisory Committee for Immunization Practices,
(iii) who is determined (in accordance with regulations prescribed by the Secretary of Health and Human Services in consultation with the Attorney General)—
(I) to have a physical or mental disorder and behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others, or
(II) to have had a physical or mental disorder and a history of behavior associated with the disorder, which behavior has posed a threat to the property, safety, or welfare of the alien or others and which behavior is likely to recur or to lead to other harmful behavior, or
(iv) who i
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1182
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Federal law — U.S. Code and appendices · legal_authorities
Page 157
TITLE 8—ALIENS AND NATIONALITY
§ 1182
1 So in original. The semicolon probably should be a comma.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of this
title.
§ 1182. Inadmissible aliens
(a) Classes of aliens ineligible for visas or admis-
sion
Except as otherwise provided in this chapter,
aliens who are inadmissible under the following
paragraphs are ineligible to receive visas and in-
eligible to be admitted to the United States:
(1) Health-related grounds
(A) In general
Any alien—
(i) who is determined (in accordance
with regulations prescribed by the Sec-
retary of Health and Human Services) to
have a communicable disease of public
health significance; 1
(ii) except as provided in subparagraph
(C), who seeks admission as an immigrant,
or who seeks adjustment of status to the
status of an alien lawfully admitted for
permanent residence, and who has failed to
present documentation of having received
vaccination against vaccine-preventable
diseases, which shall include at least the
following diseases: mumps, measles, rubel-
la, polio, tetanus and diphtheria toxoids,
pertussis, influenza type B and hepatitis B,
and any other vaccinations against vac-
cine-preventable diseases recommended by
the Advisory Committee for Immunization
Practices,
(iii) who is determined (in accordance
with regulations prescribed by the Sec-
retary of Health and Human Services in
consultation with the Attorney General)—
(I) to have a physical or mental dis-
order and behavior associated with the
disorder that may pose, or has posed, a
threat to the property, safety, or
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1182
Stored review status: historical_2024_not_currentness_verified. The source passage cites 8 U.S.C. § 1182. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 573
TITLE 8—ALIENS AND NATIONALITY
§ 1622
communicable diseases whether or not such
symptoms are caused by a communicable dis-
ease.
(4) Programs, services, or assistance (such as
soup kitchens, crisis counseling and interven-
tion, and short-term shelter) specified by the
Attorney General, in the Attorney General’s
sole and unreviewable discretion after con-
sultation 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 assist-
ance, the amount of assistance provided, or
the cost of assistance provided on the indi-
vidual recipient’s income or resources; and (C)
are necessary for the protection of life or safe-
ty.
(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 li-
cense, or commercial license provided by an
agency of a State or local government or by
appropriated funds of a State or local govern-
ment; and
(B) any retirement, welfare, health, dis-
ability, public or assisted housing, postsec-
ondary education, food assistance, unemploy-
ment 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 govern-
ment 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 secti
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1622
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