US Code

Public Law 119-73 (01/23/2026)

8 U.S.C. § 1632

Authority for States to provide for attribution of sponsors income and resources to the alien with respect to State programs

(a)

Optional application to State programs

Except as provided in subsection (b), in determining the eligibility and the amount of benefits of an alien for any State public benefits, the State or political subdivision that offers the benefits is authorized to provide that the income and resources of the alien shall be deemed to include—
(1)
section 1183a of this title the income and resources of any individual who executed an affidavit of support pursuant to (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) on behalf of such alien, and
(2)
the income and resources of the spouse (if any) of the individual.
(b)

Exceptions

Subsection (a) shall not apply with respect to the following State public benefits:
(1)
section 1621(b)(1) of this title Assistance described in .
(2)
Short-term, non-cash, in-kind emergency disaster relief.
(3)
42 U.S.C. 1751 Programs comparable to assistance or benefits under the Richard B. Russell National School Lunch Act [ et seq.].
(4)
42 U.S.C. 1771 Programs comparable to assistance or benefits under the Child Nutrition Act of 1966 [ et seq.].
(5)
Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.
(6)
Payments for foster care and adoption assistance.
(7)
Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) specified by the Attorney General of a State, after consultation with appropriate agencies and departments, which (A) deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient’s income or resources; and (C) are necessary for the protection of life or safety.

Pub. L. 104–193, title IV, § 422110 Stat. 2271Pub. L. 104–208, div. C, title V, § 551(b)(1)110 Stat. 3009–679Pub. L. 105–33, title V, § 5581(b)(2)111 Stat. 643Pub. L. 106–78, title VII, § 752(b)(6)113 Stat. 1169(, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Section 1183a of this titlesection 1183a of this titlesection 423 of Pub. L. 104–193section 551(a) of div. C of Pub. L. 104–208 (as added by section 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), referred to in subsec. (a)(1), is as added by and amended by .

act June 4, 1946, ch. 28160 Stat. 230section 1751 of Title 42The Richard B. Russell National School Lunch Act, referred to in subsec. (b)(3), is , , which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 89–64280 Stat. 885section 1771 of Title 42The Child Nutrition Act of 1966, referred to in subsec. (b)(4), is , , , which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Amendments

Pub. L. 106–781999—Subsec. (b)(3). substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”.

Pub. L. 105–33section 1622(c) of this title1997—Subsec. (a). struck out “(as defined in )” after “public benefits” in introductory provisions.

Pub. L. 104–2081996—Subsec. (a)(1). inserted “and as amended by section 551(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996” after “section 423”.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Pub. L. 105–33Pub. L. 104–193section 5582 of Pub. L. 105–33section 1367 of this titleAmendment by 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 .

Effective Date of 1996 Amendment

Pub. L. 104–208section 551(c) of Pub. L. 104–208section 1183a of this titleAmendment by applicable to affidavits of support executed on or after a date specified by the Attorney General, which date shall be not earlier than 60 days, and not later than 90 days after the date the Attorney General formulates the form for such affidavits, see , set out as an Effective Date of 1996 Amendment; Promulgation of Form note under .