The Congress makes the following statements concerning national policy with respect to welfare and immigration:
Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes.
It continues to be the immigration policy of the United States that—
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
the availability of public benefits not constitute an incentive for immigration to the United States.
Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates.
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.
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.
It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.
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-reliant in accordance with national immigration policy.
Pub. L. 104–193, title IV, § 400110 Stat. 2260(, , .)
Editorial Notes
References in Text
Pub. L. 104–193110 Stat. 2260section 1183a of this titlesection 1383 of this titlesection 1183a of this titlesection 32 of Title 26This chapter, referred to in par. (7), was in the original “this title” meaning title IV of , , , which enacted this chapter, , and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended , sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under and . For complete classification of title IV to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Short Title of 2008 Amendment
Pub. L. 110–328, § 1122 Stat. 3567
section 1612 of this titlesection 3304 of Title 26“This Act [amending and sections 3304, 6103, and 6402 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under ] may be cited as the ‘SSI Extension for Elderly and Disabled Refugees Act’.”
, , , provided that: