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8 U.S.C. § 1643 — Verification of eligibility for Federal public benefits

Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1643 — Verification of eligibility for Federal public benefits

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Source location: Title 8, Chapter 14, § 1643; chapter-014-restricting-welfare-and-public-benefits-for-aliens.md

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**(a) In general** (1) Not later than 18 months after August 22, 1996, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall promulgate regulations requiring verification that a person applying for a Federal public benefit (as defined in [section 1611(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611/c&num=0&edition=prelim)), to which the limitation under [section 1611 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611&num=0&edition=prelim) applies, is a qualified alien and is eligible to receive such benefit. Such regulations shall, to the extent feasible, require that information requested and exchanged be similar in form and manner to information requested and exchanged under [section 1320b–7 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320b–7&num=0&edition=prelim). Not later than 90 days after August 5, 1997, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall issue interim verification guidance. (2) Not later than 18 months after August 22, 1996, the Attorney General, in consultation with the Secretary of Health and Human Services, shall also establish procedures for a person applying for a Federal public benefit (as defined in [section 1611(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611/c&num=0&edition=prelim)) to provide proof of citizenship in a fair and nondiscriminatory manner. (3) Not later than 90 days after August 5, 1997, the Attorney General shall promulgate regulations which set forth the procedures by which a State or local government can verify whether an alien applying for a State or local public benefit is a qualified alien, 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 paroled into the United States under section 212(d)(5) of the Immigration and Nationality 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 1 year, for purposes of determining whether the alien is ineligible for benefits under [section 1621 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1621&num=0&edition=prelim). **(b) State compliance** Not later than 24 months after the date the regulations described in subsection (a) are adopted, a State that administers a program that provides a Federal public benefit shall have in effect a verification system that complies with the regulations. **(c) Authorization of appropriations** There are authorized to be appropriated such sums as may be necessary to carry out the purpose of this section. **(d) No verification requirement for nonprofit charitable organizations** Subject to subsection (a), a nonprofit charitable organization, in providing any Federal public benefit (as defined in [section 1611(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1611/c&num=0&edition=prelim)) or any State or local public benefit (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)), is not required under this chapter to determine, verify, or otherwise require proof of eligibility of any applicant for such benefits.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1621 — Requirements relating to provision of benefits based on citizenship, alienage, or immigration status under the Richard B. Russell National School Lunch Act, the Child Nutrition Act of 1966, and certain other Acts

**(a) School lunch and breakfast programs** Notwithstanding any other provision of this Act, an individual who is eligible to receive free public education benefits under State or local law shall not be ineligible to receive benefits provided under the school lunch program 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.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 ([42 U.S.C. 1773](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1773&num=0&edition=prelim)) on the basis of citizenship, alienage, or immigration status. **(b) Other programs** (1) **In general** — Nothing in this Act shall prohibit or require a State to provide to an individual who is not a citizen or a qualified alien, as defined in [section 1641(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1641/b&num=0&edition=prelim), benefits under programs established under the provisions of law described in paragraph (2). (2) **Provisions of law described** — The provisions of law described in this paragraph are the following: (A) Programs (other than the school lunch program and the school breakfast program) 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.) and 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.). (B) Section 4 of the Agriculture and Consumer Protection Act of 1973 ([7 U.S.C. 612c](https://uscode.house.gov

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8 U.S.C. § 1367 — Penalties for disclosure of information

**(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

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 32 — Earned income

**(a) Allowance of credit** (1) **In general** — In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the taxpayer’s earned income for the taxable year as does not exceed the earned income amount. (2) **Limitation** — The amount of the credit allowable to a taxpayer under paragraph (1) for any taxable year shall not exceed the excess (if any) of— (A) the credit percentage of the earned income amount, over (B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds the phaseout amount. **(b) Percentages and amounts** For purposes of subsection (a)— (1) **Percentages** — The credit percentage and the phaseout percentage shall be determined as follows: In the case of an eligible individual with:The credit percentage is:Thephaseoutpercentageis: 1 qualifying child3415.98 2 qualifying children4021.06 3 or more qualifying children4521.06 No qualifying children7.65 7.65 (2) **Amounts** (A) *In general* — Subject to subparagraph (B), the earned income amount and the phaseout amount shall be determined as follows: In the case of an eligible individual with:The earned income amount is:Thephaseoutamount is: 1 qualifying child$6,330$11,610 2 or more qualifying children$8,890$11,610 No qualifying children$4,220 $5,280 (B) *Joint returns* — In the case of a joint return filed by an eligible individual and such individual’s spouse, the phaseout amount determined under subparagraph (A) shall be increased by $5,000. **(c) Definitions and special rules** For purposes of this section— (1) **Eligible individual** (A) *In general* — The term “e

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8 U.S.C. § 1101 — Definitions

**(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

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1183a — Requirements for sponsor’s affidavit of support

**(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

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42 U.S.C. § 1320b–7 — Income and eligibility verification system

**(a) Requirements of State eligibility systems** In order to meet the requirements of this section, a State must have in effect an income and eligibility verification system which meets the requirements of subsection (d) and under which— (1) the State shall require, as a condition of eligibility for benefits under any program listed in subsection (b), that each applicant for or recipient of benefits under that program furnish to the State his social security account number (or numbers, if he has more than one such number), and the State shall utilize such account numbers in the administration of that program so as to enable the association of the records pertaining to the applicant or recipient with his account number; (2) wage information from agencies administering State unemployment compensation laws available pursuant to section 3304(a)(16) of the Internal Revenue Code of 1986, wage information reported pursuant to paragraph (3) of this subsection, and wage, income, and other information from the Social Security Administration and the Internal Revenue Service available pursuant to section 6103(l)(7) of such Code, shall be requested and utilized to the extent that such information may be useful in verifying eligibility for, and the amount of, benefits available under any program listed in subsection (b), as determined by the Secretary of Health and Human Services (or, in the case of the unemployment compensation program, by the Secretary of Labor, or, in the case of the supplemental nutrition assistance program, by the Secretary of Agriculture); (3) employers (as defined in [section 653a(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section653a/a/2/B&num=0&edition=prelim)) (including State and local governmental enti

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8 U.S.C. § 1611 — Statements of national policy concerning welfare and immigration

The Congress makes the following statements concerning national policy with respect to welfare and immigration: (1) Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes. (2) It continues to be the immigration policy of the United States that— (A) aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations, and (B) the availability of public benefits not constitute an incentive for immigration to the United States. (3) Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates. (4) Current eligibility rules for public assistance and unenforceable financial support agreements have proved wholly incapable of assuring that individual aliens not burden the public benefits system. (5) It is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy. (6) It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits. (7) With respect to the State authority to make determinations concerning the eligibility of qualified aliens for public benefits in this chapter, a State that chooses to follow the Federal classification in determining the eligibility of such aliens for public assistance shall be considered to have chosen the least restrictive means available for achieving the compelling governmental interest of assuring that aliens be self-reli

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8 U.S.C. § 1101 — Definitions

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

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1182 — Inadmissible aliens

**(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

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1182 — Inadmissible aliens

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

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