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8 U.S.C. § 1645 — Communication between State and local government agencies and Immigration and Naturalization Service
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States.
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Stable record: federal_law:legal_authorities:record_usc_122d848a2296ba8eca6473c2
Source file: Laws/federal/codes/united-states-code/title-8/section-1645-communication-between-state-and-local-government-agencies-and-immigratio--efede30325.md
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Source location: Title 8, Chapter 14, § 1645; chapter-014-restricting-welfare-and-public-benefits-for-aliens.md
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Notwithstanding any other provision of Federal, State, or local law, no State or local government entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Service information regarding the immigration status, lawful or unlawful, of an alien in the United States.
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limited eligibility for specified Federal programs**
(1) **In general** — Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is 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)) is not eligible for any specified Federal program (as defined in paragraph (3)).
(2) **Exceptions**
(A) *Time-limited exception for refugees and asylees* — With respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 years after the date—
(i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [[8 U.S.C. 1157](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)];
(ii) an alien is granted asylum under section 208 of such Act [[8 U.S.C. 1158](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)];
(iii) an alien’s deportation is withheld under section 243(h) of such Act [[8 U.S.C. 1253](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim)] (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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1231/b/3&num=0&edition=prelim)] (as amended by section 305(a) of division C of Public Law 104–208);
(iv) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
(v) an alien is admitted to
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1613
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641&num=0&edition=prelim)), 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 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.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1157&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1158&num=0&edition=prelim)] 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1253&num=0&edition=prelim)] (as in effect immediately before the effective date of section 307 of divisi
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1623
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Notwithstanding any other provision of law, in determining the eligibility and the amount of benefits of an alien for any Federal means-tested public benefits program (as provided under [section 1613 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1613&num=0&edition=prelim)), the income and resources of the alien shall be deemed to include the following:
(1) The income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immigration and Nationality Act [[8 U.S.C. 1183a](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.
(2) The income and resources of the spouse (if any) of the person.
**(b) Duration of attribution period** Subsection (a) shall apply with respect to an alien until such time as the alien—
(1) achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act [[8 U.S.C. 1421](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1421&num=0&edition=prelim) et seq.]; or
(2)
(A) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [[42 U.S.C. 401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section401&num=0&edition=prelim) et seq.] or can be credited with such qualifying quarters as provided under [section 1645 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1645&num=0&edition=prelim), and (B) in the case of any such qualifying quarter creditab
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1632
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Federal law — U.S. Code and appendices · legal_authorities
Page 581
TITLE 8—ALIENS AND NATIONALITY
§ 1645
bility 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.
§ 1643. Statutory construction
(a) Limitation
(1) Nothing in this chapter may be construed
as an entitlement or a determination of an indi-
vidual’s eligibility or fulfillment of the requisite
requirements for any Federal, State, or local
governmental program, assistance, or benefits.
For purposes of this chapter, eligibility relates
only to the general issue of eligibility or ineligi-
bility on the basis of alienage.
(2) Nothing in this chapter may be construed
as addressing alien eligibility for a basic public
education as determined by the Supreme Court
of the United States under Plyler v. Doe (457
U.S. 202)(1982).
(b) Benefit eligibility limitations applicable only
with respect to aliens present in United
States
Notwithstanding any other provision of this
chapter, the limitations on eligibility for bene-
fits under this chapter shall not apply to eligi-
bility for benefits of aliens who are not residing,
or present, in the United States with respect
to—
(1) wages, pensions, annuities, and other
earned payments to which an alien is entitled
resulting from employment by, or on behalf of,
a Federal, State, or local government agency
which was not prohibited during the period of
such employment or service under section
274A [8 U.S.C. 1324a] or other applicable provi-
sion of the Immigration and Nationality Act
[8 U.S.C. 1101 et seq.]; or
(2) benefits under laws administered by the
Secretary of Veterans Affairs.
(c) Not applicable to foreign assistance
This chapter does not apply to any Federal,
State, or local governmental program,
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1645
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