8 U.S.C. § 1645 — Qualifying quarters

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, assist- ance, or benefits provided to an alien under any program of foreign assistance as determined by the Secretary of State in consultation with the Attorney General. (d) Severability If any provision of this chapter or the applica- tion of such provision to any person or cir- cumstance is held to be unconstitutional, the re- mainder of this chapter and the application of the provisions of such to any person or cir- cumstance shall not be affected thereby. (Pub. L. 104–193, title IV, § 433, Aug. 22, 1996, 110 Stat. 2275; Pub. L. 105–33, title V, § 5574, Aug. 5, 1997, 111 Stat. 642.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’ meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Inter- nal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under sec- tion 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Ta- bles. The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 1101 of this title and Tables. AMENDMENTS 1997—Subsecs. (b) to (d). Pub. L. 105–33 added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of title IV of the Personal Responsi- 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. § 1644. Communication between State and local government agencies and Immigration and Naturalization Service Notwithstanding any other provision of Fed- eral, State, or local law, no State or local gov- ernment entity may be prohibited, or in any way restricted, from sending to or receiving from the Immigration and Naturalization Serv- ice information regarding the immigration sta- tus, lawful or unlawful, of an alien in the United States. (Pub. L. 104–193, title IV, § 434, Aug. 22, 1996, 110 Stat. 2275.) Statutory Notes and Related Subsidiaries 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. § 1645. Qualifying quarters For purposes of this chapter, in determining the number of qualifying quarters of coverage under title II of the Social Security Act [42 U.S.C. 401 et seq.] an alien shall be credited with— (1) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien before the date on which the alien attains age 18, and (2) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased. No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under para- graph (1) or (2) if the parent or spouse (as the case may be) of such alien received any Federal means-tested public benefit (as provided under section 1613 of this title) during the period for which such qualifying quarter of coverage is so credited. Notwithstanding section 6103 of title 26, the Commissioner of Social Security is au- thorized to disclose quarters of coverage infor- Page 582 TITLE 8—ALIENS AND NATIONALITY § 1646 mation concerning an alien and an alien’s spouse or parents to a government agency for the purposes of this chapter. (Pub. L. 104–193, title IV, § 435, Aug. 22, 1996, 110 Stat. 2275; Pub. L. 105–33, title V, § 5573, Aug. 5, 1997, 111 Stat. 641.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’ meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Inter- nal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under sec- tion 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Ta- bles. The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables. AMENDMENTS 1997—Pub. L. 105–33, § 5573(a), inserted at end ‘‘Not- withstanding section 6103 of title 26, the Commissioner of Social Security is authorized to disclose quarters of coverage information concerning an alien and an alien’s spouse or parents to a government agency for the purposes of this chapter.’’ Par. (1). Pub. L. 105–33, § 5573(b), substituted ‘‘before the date on which the alien attains age 18,’’ for ‘‘while the alien was under age 18,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of title IV of the Personal Responsi- 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. § 1646. Derivative eligibility for benefits Notwithstanding any other provision of law, an alien who under the provisions of this chap- ter is ineligible for benefits under the food stamp program (as defined in section 1612(a)(3)(B) of this title) shall not be eligible for such benefits because the alien receives benefits under the supplemental security income pro- gram (as defined in section 1612(a)(3)(A) of this title). (Pub. L. 104–193, title IV, § 436, as added Pub. L. 105–33, title V, § 5305(a), Aug. 5, 1997, 111 Stat. 601.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’ meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Inter- nal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under sec- tion 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Ta- bles. Statutory Notes and Related Subsidiaries CHANGE OF NAME References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture. EFFECTIVE DATE Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1612 of this title. CHAPTER 15—ENHANCED BORDER SECURITY AND VISA ENTRY REFORM Sec. 1701. Definitions. SUBCHAPTER I—FUNDING 1711. Authorization of appropriations for hiring and training Government personnel. 1712. Authorization of appropriations for improve- ments in technology and infrastructure. 1713. Machine-readable visa fees. 1714. Surcharges related to consular services. 1715. Consular and Border Security Programs. SUBCHAPTER II—INTERAGENCY INFORMATION SHARING 1721. Interim measures for access to and coordina- tion of law enforcement and other informa- tion. 1722. Interoperable law enforcement and intel- ligence data system with name-matching capacity and training. 1723. Commission on Interoperable Data Sharing. 1724. Personnel management authorities for posi- tions involved in the development and im- plementation of the interoperable elec- tronic data system (‘‘Chimera system’’). SUBCHAPTER III—VISA ISSUANCE 1731. Implementation of an integrated entry and exit data system. 1732. Machine-readable, tamper-resistant entry and exit documents. 1733. Terrorist lookout committees. 1734. Improved training for consular officers. 1735. Restriction on issuance of visas to non- immigrants from countries that are state sponsors of international terrorism. 1736. Check of lookout databases. 1737. Tracking system for stolen passports. 1738. Identification documents for certain newly admitted aliens. SUBCHAPTER IV—INSPECTION AND ADMISSION OF ALIENS 1751. Study of the feasibility of a North American National Security Program. 1752. Staffing levels at ports of entry. 1752a. Model ports-of-entry. 1753. Joint United States-Canada projects for al- ternative inspections services. SUBCHAPTER V—FOREIGN STUDENTS AND EXCHANGE VISITORS 1761. Foreign student monitoring program. 1762. Review of institutions and other entities au- thorized to enroll or sponsor certain non- immigrants.