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8 U.S.C. § 1641 — Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs
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
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Source file: Laws/federal/codes/united-states-code/title-8/section-1641-authority-for-states-to-provide-for-attribution-of-sponsors-income-and-r--f1cf310efb.md
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Source location: Title 8, Chapter 14, § 1641; chapter-014-restricting-welfare-and-public-benefits-for-aliens.md
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**(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 communicable disease.
(6) Payments for foster care and adoption assistance.
(7) Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate 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.
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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
It is declared to be the policy of Congress, as a measure of national security, to safeguard the health and well-being of the Nation’s children and to encourage the domestic consumption of nutritious agricultural commodities and other food, by assisting the States, through grants-in-aid and other means, in providing an adequate supply of foods and other facilities for the establishment, maintenance, operation, and expansion of nonprofit school lunch programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1751
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Enforceability**
(1) **Terms of affidavit** — No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under [section 1182(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/4&num=0&edition=prelim) unless such affidavit is executed by a sponsor of the alien as a contract—
(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;
(B) that is legally enforceable against the sponsor by the sponsored alien, the Federal Government, any State (or any political subdivision of such State), or by any other entity that provides any means-tested public benefit (as defined in subsection (e) 11 See References in Text note below.), consistent with the provisions of this section; and
(C) in which the sponsor agrees to submit to the jurisdiction of any Federal or State court for the purpose of actions brought under subsection (b)(2).
(2) **Period of enforceability** — An affidavit of support shall be enforceable with respect to benefits provided for an alien before the date the alien is naturalized as a citizen of the United States, or, if earlier, the termination date provided under paragraph (3).
(3) **Termination of period of enforceability upon completion of required period of employment, etc.**
(A) *In general* — An affidavit of support is not enforceable after such time as the alien (i) 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:U
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1183a
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Federal law — U.S. Code and appendices · legal_authorities
In recognition of the demonstrated relationship between food and good nutrition and the capacity of children to develop and learn, based on the years of cumulative successful experience under the national school lunch program with its significant contributions in the field of applied nutrition research, it is hereby declared to be the policy of Congress that these efforts shall be extended, expanded, and strengthened under the authority of the Secretary of Agriculture as a measure to safeguard the health and well-being of the Nation’s children, and to encourage the domestic consumption of agricultural and other foods, by assisting States, through grants-in-aid and other means, to meet more effectively the nutritional needs of our children.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1771
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **COVID–19** — The term “COVID–19” means the 2019 Novel Coronavirus or 2019-nCoV.
(2) **COVID–19 public health emergency** — The term “COVID–19 public health emergency” means the public health emergency declared by the Secretary of Health and Human Services on January 27, 2020, with respect to the 2019 Novel Coronavirus.
(3) **Covered individual** — The term “covered individual”—
(A) means an individual who—
(i) is not eligible for regular compensation or extended benefits under State or Federal law or pandemic emergency unemployment compensation under [section 9025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9025&num=0&edition=prelim), including an individual who has exhausted all rights to regular unemployment or extended benefits under State or Federal law or pandemic emergency unemployment compensation under [section 9025 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section9025&num=0&edition=prelim);
(ii) provides self-certification that the individual—
(I) is otherwise able to work and available for work within the meaning of applicable State law, except the individual is unemployed, partially unemployed, or unable or unavailable to work because—
(aa) the individual has been diagnosed with COVID–19 or is experiencing symptoms of COVID–19 and seeking a medical diagnosis;
(bb) a member of the individual’s household has been diagnosed with COVID–19;
(cc) the individual is providing care for a family member or a member of the individual’s household who has been diagnosed with COVID–19;
(dd) a child or other person in the household for which the individual has primary caregiving responsi
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9021
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal-State agreements** Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (in this section referred to as the “Secretary”). Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
**(b) Provisions of agreement**
(1) **Federal Pandemic Unemployment Compensation** — Any agreement under this section shall provide that the State agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they would be determined if the State law of the State were applied, with respect to any week for which the individual is (disregarding this section) otherwise entitled under the State law to receive regular compensation, as if such State law had been modified in a manner such that the amount of regular compensation (including dependents’ allowances) payable for any week shall be equal to—
(A) the amount determined under the State law (before the application of this paragraph), plus
(B) an additional amount equal to the amount specified in paragraph (3) (in this section referred to as “Federal Pandemic Unemployment Compensation”), plus
(C) an additional amount of $100 (in this section referred to as “Mixed Earner Unemployment Compensation”) in any case in which the individual received at least $5,000 of self-employment income (as defined in [section 1402(b) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1402/b&num=0&edition=prelim)) in the most recent taxable year ending prior to the individual’s application for regular compensation.
(2) **Allowable methods of payment** — Any Federal Pandemic Unemployment Comp
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 9023
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State option of providing benchmark benefits**
(1) **Authority**
(A) *In general* — Notwithstanding [section 1396a(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/1&num=0&edition=prelim) (relating to statewideness), [section 1396a(a)(10)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/10/B&num=0&edition=prelim) (relating to comparability) and any other provision of this subchapter which would be directly contrary to the authority under this section and subject to subparagraphs (E) and (F), a State, at its option as a State plan amendment, may provide for medical assistance under this subchapter to individuals within one or more groups of individuals specified by the State through coverage that—
(i) provides benchmark coverage described in subsection (b)(1) or benchmark equivalent coverage described in subsection (b)(2); and
(ii) for any individual described in [section 1396d(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/a/4/B&num=0&edition=prelim) who is eligible under the State plan in accordance with paragraphs (10) and (17) of [section 1396a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a&num=0&edition=prelim), consists of the items and services described in [section 1396d(a)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/a/4/B&num=0&edition=prelim) (relating to early and periodic screening, diagnostic, and treatment services defined in [section 1396d(r) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/r&num=0&edition=prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396u–7
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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), an alien who is not 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 Federal public benefit (as defined in subsection (c)).
**(b) Exceptions**
(1) Subsection (a) shall not apply with respect to the following Federal public benefits:
(A) Medical assistance under title XIX of the Social Security Act [[42 U.S.C. 1396](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396&num=0&edition=prelim) et seq.] (or any successor program to such title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act [[42 U.S.C. 1396b(v)(3)](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, if the alien involved otherwise meets the eligibility requirements for medical assistance under the State plan approved under such title (other than the requirement of the receipt of aid or assistance under title IV of such Act [[42 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section601&num=0&edition=prelim) et seq.], supplemental security income benefits under title XVI of such Act [[42 U.S.C. 1381](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1381&num=0&edition=prelim) et seq.], or a State supplementary payment).
(B) Short-term, non-cash, in-kind emergency disaster relief.
(C) Public health assistance (not including any assistance under title XIX
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1612
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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 subsections (b), (c), and (d), 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)) and who enters the United States on or after August 22, 1996, is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States with a status within the meaning of the term “qualified alien”.
**(b) Exceptions** The limitation under subsection (a) shall not apply to the following aliens:
(1) **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)].
(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)].
(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 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).
(D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assis
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1614
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