US Code

Public Law 119-83 (04/13/2026)

8 U.S.C. § 1622

State authority to limit eligibility of qualified aliens for State public benefits

(a)

In general

section 1641 of this title8 U.S.C. 11018 U.S.C. 1182(d)(5)Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in ), a nonimmigrant under the Immigration and Nationality Act [ et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [] for less than one year.

(b)

Exceptions

Qualified aliens under this subsection shall be eligible for any State public benefits.
(1)

Time-limited exception for refugees and asylees

(A)
8 U.S.C. 1157 An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [] until 5 years after the date of an alien’s entry into the United States.
(B)
8 U.S.C. 1158 An alien who is granted asylum under section 208 of such Act [] until 5 years after the date of such grant of asylum.
(C)
8 U.S.C. 1253Public Law 104–2088 U.S.C. 1231(b)(3)Public Law 104–208 An alien whose deportation is being withheld under section 243(h) of such Act [] (as in effect immediately before the effective date of section 307 of division C of ) or section 241(b)(3) of such Act [] (as amended by section 305(a) of division C of ) until 5 years after such withholding.
(D)
An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 until 5 years after the alien is granted such status.
(E)
1
1 See References in Text note below.
An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V)  of this title.
(2)

Certain permanent resident aliens

An alien who—
(A)
8 U.S.C. 1101 is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ et seq.]; and
(B)
(i)
42 U.S.C. 401section 1645 of this titlesection 1613 of this title has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ et seq.] or can be credited with such qualifying quarters as provided under , and (ii) in the case of any such qualifying quarter creditable for any period beginning after , did not receive any Federal means-tested public benefit (as provided under ) during any such period.
(3)

Veteran and active duty exception

An alien who is lawfully residing in any State and is—
(A)
section 107 of title 38section 5303A(d) of title 38 a veteran (as defined in section 101, 1101, or 1301, or as described in ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of ,
(B)
on active duty (other than active duty for training) in the Armed Forces of the United States, or
(C)
2
2 So in original. Probably should be “subparagraph (A) or (B)”.
section 1304 of title 38 the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii)  who is deceased if the marriage fulfills the requirements of .
(4)

Transition for those currently receiving benefits

An alien who on , is lawfully residing in any State and is receiving benefits on , shall continue to be eligible to receive such benefits until .

Pub. L. 104–193, title IV, § 412110 Stat. 2269 Pub. L. 105–33, title V111 Stat. 599 (, , ; , §§ 5302(c)(2), 5306(d), 5562, 5563, 5581(b)(3), , , 602, 638, 643.)

Editorial Notes

References in Text

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this titleThe Immigration and Nationality Act, referred to in subsecs. (a) and (b)(2)(A), is , , 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 and Tables.

section 1253 of this titleSection 1253 of this titlePub. L. 104–208, div. C, title III, § 307(a)110 Stat. 3009–612 section 307 of Pub. L. 104–208section 309 of Pub. L. 104–208section 1101 of this titleSection 243 of such Act, referred to in subsec. (b)(1)(C), is section 243 of act , which is classified to . was amended generally by , , , and, as so amended, no longer contains a subsec. (h). For effective date of , see , set out as an Effective Date of 1996 Amendments note under .

section 501(e) of Pub. L. 96–422section 1522 of this titleSection 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(1)(D), is , which is set out in a note under .

Section 1612(a)(2)(A)(i)(V) of this titlesection 1612(a)(2)(A)(v) of this titlePub. L. 105–185, title V, § 503(2)112 Stat. 578 , referred to in subsec. (b)(1)(E), was redesignated by , (3), , .

act Aug. 14, 1935, ch. 531 49 Stat. 620 section 1305 of Title 42The Social Security Act, referred to in subsec. (b)(2)(B)(i), is , . 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 and Tables.

Amendments

Pub. L. 105–33, § 5581(b)(3)1997—Subsec. (b)(1)(C). , substituted “withholding” for “with-holding”.

Pub. L. 105–33, § 5562Public Law 104–208Public Law 104–208, substituted “section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of ) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of )” for “section 243(h) of such Act”.

Pub. L. 105–33, § 5302(c)(2)Subsec. (b)(1)(D). , added subpar. (D).

Pub. L. 105–33, § 5306(d)Subsec. (b)(1)(E). , added subpar. (E).

Pub. L. 105–33, § 5563(c)Subsec. (b)(3)(A). , inserted “, 1101, or 1301, or as described in section 107” after “section 101”.

Pub. L. 105–33, § 5563(a)section 5303A(d) of title 38, inserted “and who fulfills the minimum active-duty service requirements of ” after “alienage”.

Pub. L. 105–33, § 5563(b)section 1304 of title 38Subsec. (b)(3)(C). , inserted before period at end “or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–33Pub. L. 104–193section 5308 of Pub. L. 105–33section 1612 of this titleAmendment by sections 5302(c)(2) and 5306(d) of 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, , see , set out as a note under .

Pub. L. 105–33Pub. L. 104–193section 5582 of Pub. L. 105–33section 1367 of this titleAmendment by sections 5562, 5563, and 5581(b)(3) of effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .