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8 U.S.C. § 1631 — Authorization for verification of eligibility for State and local public benefits
Federal law — U.S. Code and appendices · legal_authorities
A State or political subdivision of a State is authorized to require an applicant for State and local public benefits (as defined in [section 1621(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1621/c&num=0&edition=prelim)) to provide proof of eligibility.
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Stable record: federal_law:legal_authorities:record_usc_3baf4c2a35ce7b2bbf0cb498
Source file: Laws/federal/codes/united-states-code/title-8/section-1631-authorization-for-verification-of-eligibility-for-state-and-local-public--c9e5d943a3.md
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Passage SHA-256: e0f598aa5522f47278eeb80eb02e7e5ccc72e2620a6400c8c6c3835c46cf2886
Source location: Title 8, Chapter 14, § 1631; chapter-014-restricting-welfare-and-public-benefits-for-aliens.md
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A State or political subdivision of a State is authorized to require an applicant for State and local public benefits (as defined in [section 1621(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1621/c&num=0&edition=prelim)) to provide proof of eligibility.
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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) 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
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1631&num=0&edition=prelim)) for purposes of determining eligibility for, and the amount of, benefits shall be considered less restrictive than a prohibition of eligibility for such benefits.
Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1625
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Federal law — U.S. Code and appendices · legal_authorities
Page 575
TITLE 8—ALIENS AND NATIONALITY
§ 1631
Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L.
105–33, set out as a note under section 1612 of this title.
Amendment by sections 5562, 5563, and 5581(b)(3) of
Pub. L. 105–33 effective as if included in the enactment
of title IV of the Personal Responsibility and Work Op-
portunity 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.
§ 1623. Limitation on eligibility for preferential
treatment of aliens not lawfully present on
basis of residence for higher education bene-
fits
(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 sub-
division) for any postsecondary education ben-
efit 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 resi-
dent.
(b) Effective date
This section shall apply to benefits provided
on or after July 1, 1998.
(Pub. L. 104–208, div. C, title V, § 505, Sept. 30,
1996, 110 Stat. 3009–672.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 1996,
and as part of the Omnibus Consolidated Appropria-
tions Act, 1997, and not as part of title IV of the Per-
sonal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 which comprises this chapter.
§ 1624. Authority of States and political subdivi-
sions of States to limit assistance to aliens
and to distinguish among classes of aliens in
providing general cash public assistance
(a)
Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1631
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