8 U.S.C. § 1601 — Statements of national policy concerning

Page 560 TITLE 8—ALIENS AND NATIONALITY § 1601 Sec. 1644. Communication between State and local gov- ernment agencies and Immigration and Naturalization Service. 1645. Qualifying quarters. 1646. Derivative eligibility for benefits. § 1601. Statements of national policy concerning welfare and immigration The Congress makes the following statements concerning national policy with respect to wel- fare 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 capabili- ties 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 assist- ance 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 immi- gration 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 eligi- bility 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-reliant in accordance with national immigration policy. (Pub. L. 104–193, title IV, § 400, Aug. 22, 1996, 110 Stat. 2260.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (7), was in the origi- nal ‘‘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 sec- tion 1383 of this title, sections 32 and 6213 of Title 26, In- ternal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 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 SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–328, § 1, Sept. 30, 2008, 122 Stat. 3567, pro- vided that: ‘‘This Act [amending section 1612 of this title and sections 3304, 6103, and 6402 of Title 26, Inter- nal Revenue Code, and enacting provisions set out as a note under section 3304 of Title 26] may be cited as the ‘SSI Extension for Elderly and Disabled Refugees Act’.’’ SUBCHAPTER I—ELIGIBILITY FOR FEDERAL BENEFITS § 1611. Aliens who are not qualified aliens ineli- gible for Federal public benefits (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) 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 et seq.] (or any successor program to such title) for care and services that are necessary for the treat- ment of an emergency medical condition (as defined in section 1903(v)(3) of such Act [42 U.S.C. 1396b(v)(3)]) of the alien involved and are not related to an organ transplant proce- dure, 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 et seq.], supplemental security in- come benefits under title XVI of such Act [42 U.S.C. 1381 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 of the Social Security Act [42 U.S.C. 1396 et seq.]) for immu- nizations with respect to immunizable dis- eases and for testing and treatment of symp- toms of communicable diseases whether or not such symptoms are caused by a communicable disease. (D) Programs, services, or assistance (such as soup kitchens, crisis counseling and inter- vention, and short-term shelter) specified by the Attorney General, in the Attorney Gen- eral’s sole and unreviewable discretion after consultation with appropriate Federal agen- cies and departments, which (i) deliver in-kind services at the community level, including through public or private nonprofit agencies; (ii) do not condition the provision of assist- ance, the amount of assistance provided, or the cost of assistance provided on the indi- vidual recipient’s income or resources; and (iii) are necessary for the protection of life or safety. (E) Programs for housing or community de- velopment assistance or financial assistance administered by the Secretary of Housing and