8 U.S.C. § 1641 | Definitions

(a)

In general

8 U.S.C. 1101(a)Except as otherwise provided in this chapter, the terms used in this chapter have the same meaning given such terms in section 101(a) of the Immigration and Nationality Act [].

(b)

Qualified alien

For purposes of this chapter, the term “qualified alien” means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is—

(1)

8 U.S.C. 1101 an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [ et seq.],

(2)

8 U.S.C. 1158 an alien who is granted asylum under section 208 of such Act [],

(3)

8 U.S.C. 1157 a refugee who is admitted to the United States under section 207 of such Act [],

(4)

8 U.S.C. 1182(d)(5) an alien who is paroled into the United States under section 212(d)(5) of such Act [] for a period of at least 1 year,

(5)

8 U.S.C. 1253 Public Law 104–208 8 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 ),

(6)

8 U.S.C. 1153(a)(7)April 1, 1980 an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act [] as in effect prior to ,

(7)

an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980), or

(8)

section 1612(b)(2)(G) of this title an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in .

(c)

Treatment of certain battered aliens as qualified aliens

For purposes of this chapter, the term “qualified alien” includes—

(1)

an alien who—

(A)

has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(B)

has been approved or has a petition pending which sets forth a prima facie case for—

(i)

8 U.S.C. 1154(a)(1)(A)(ii) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act [, (iii), (iv)],

(ii)

8 U.S.C. 1154(a)(1)(B)(ii) classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the Act [, (iii)],

(iii)

8 U.S.C. 1254(a)(3)1

1 So in original. The period probably should be a comma.

suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act [] (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).

(iv)

8 U.S.C. 1154(a)(1)(A)(i)8 U.S.C. 1154(a)(1)(B)(i)2

2 So in original. The semicolon probably should be “, or”.

status as a spouse or child of a United States citizen pursuant to clause (i) of section 204(a)(1)(A) of such Act [], or classification pursuant to clause (i) of section 204(a)(1)(B) of such Act []; 

(v)

8 U.S.C. 1229b(b)(2) cancellation of removal pursuant to section 240A(b)(2) of such Act [];

(2)

an alien—

(A)

whose child has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(B)

who meets the requirement of subparagraph (B) of paragraph (1);

(3)

an alien child who—

(A)

resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(B)

who meets the requirement of subparagraph (B) of paragraph (1); or

(4)

8 U.S.C. 1101(a)(15)(T) an alien who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and Nationality Act () or who has a pending application that sets forth a prima facie case for eligibility for such nonimmigrant status.

This subsection shall not apply to an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty.

section 1631(f) of this titleAfter consultation with the Secretaries of Health and Human Services, Agriculture, and Housing and Urban Development, the Commissioner of Social Security, and with the heads of such Federal agencies administering benefits as the Attorney General considers appropriate, the Attorney General shall issue guidance (in the Attorney General’s sole and unreviewable discretion) for purposes of this subsection and , concerning the meaning of the terms “battery” and “extreme cruelty”, and the standards and methods to be used for determining whether a substantial connection exists between battery or cruelty suffered and an individual’s need for benefits under a specific Federal, State, or local program.

Pub. L. 104–193, title IV, § 431Aug. 22, 1996110 Stat. 2274 Pub. L. 104–208, div. C, title III, § 308(g)(8)(E)Sept. 30, 1996110 Stat. 3009–624 Pub. L. 105–33, title VAug. 5, 1997111 Stat. 599 Pub. L. 106–386, div. B, title V, § 1508Oct. 28, 2000114 Stat. 1530 Pub. L. 110–457, title II, § 211(a)Dec. 23, 2008122 Stat. 5063 Pub. L. 116–260, div. CC, title II, § 208(c)Dec. 27, 2020134 Stat. 2985 Pub. L. 118–42, div. G, title II, § 209(f)(3)Mar. 9, 2024138 Stat. 445(, , ; , title V, § 501, , , 3009–670; , §§ 5302(c)(3), 5562, 5571(a)–(c), 5581(b)(6), (7), , , 638, 640, 643; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 104–193Aug. 22, 1996110 Stat. 2260 section 1183a of this title section 1383 of this title section 1183a of this title section 32 of Title 26This chapter, referred to in text, 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.

act June 27, 1952, ch. 477 66 Stat. 163 section 1101 of this titleThe Immigration and Nationality Act, referred to in subsec. (b)(1), 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.

June 27, 1952section 1253 of this title Section 1253 of this title Pub. L. 104–208, div. C, title III, § 307(a)Sept. 30, 1996110 Stat. 3009–612 section 307 of Pub. L. 104–208 section 309 of Pub. L. 104–208 section 1101 of this titleSection 243 of such Act, referred to in subsec. (b)(5), 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 .

April 1, 1980June 27, 1952section 1153(a)(7) of this title Section 1153(a)(7) of this title Pub. L. 96–212, title II, § 203(c)(3)Mar. 17, 198094 Stat. 107Apr. 1, 1980Section 203(a)(7) of such Act as in effect prior to , referred to in subsec. (b)(6), means section 203(a)(7) of act , which was classified to . was repealed and section 1153(a)(8) was redesignated section 1153(a)(7) by , (6), , , effective .

section 501(e) of Pub. L. 96–422 section 1522 of this titleSection 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(7), is , which is set out in a note under .

section 309 of title III of div. C of Pub. L. 104–208 section 1101 of this titleSection 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (c)(1)(B)(iii), is , which is set out as a note under .

Amendments

Pub. L. 118–42 section 1612(b)(3)(C) of this title2024—Subsec. (b)(8). struck out “, but only with respect to the designated Federal program defined in (relating to the Medicaid program)” before period at end.

Pub. L. 116–2602020—Subsec. (b)(8). added par. (8).

Pub. L. 110–4572008—Subsec. (c)(4). added par. (4).

Pub. L. 106–386April 1, 19972000—Subsec. (c)(1)(B)(iii). amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: “cancellation of removal under section 240A of such Act (as in effect prior to ),”.

Pub. L. 105–33, § 5562 Public Law 104–208 Public Law 104–2081997—Subsec. (b)(5). , 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)(3)Subsec. (b)(7). , added par. (7).

Pub. L. 105–33, § 5571(b)section 1631(f) of this titleSubsec. (c). , inserted at end “After consultation with the Secretaries of Health and Human Services, Agriculture, and Housing and Urban Development, the Commissioner of Social Security, and with the heads of such Federal agencies administering benefits as the Attorney General considers appropriate, the Attorney General shall issue guidance (in the Attorney General’s sole and unreviewable discretion) for purposes of this subsection and , concerning the meaning of the terms ‘battery’ and ‘extreme cruelty’, and the standards and methods to be used for determining whether a substantial connection exists between battery or cruelty suffered and an individual’s need for benefits under a specific Federal, State, or local program.”

Pub. L. 105–33, § 5571(a)Subsec. (c)(1)(A). , substituted “agency providing such benefits)” for “Attorney General, which opinion is not subject to review by any court)”.

Pub. L. 105–33, § 5581(b)(7)(A)April 1, 1997Subsec. (c)(1)(B)(iii). , substituted “(as in effect prior to ),” for “, or”.

Pub. L. 105–33, § 5581(b)(7)(B)Subsec. (c)(1)(B)(v). , added cl. (v).

Pub. L. 105–33, § 5571(a)Subsec. (c)(2)(A). , substituted “agency providing such benefits)” for “Attorney General, which opinion is not subject to review by any court)”.

Pub. L. 105–33, § 5581(b)(6)Subsec. (c)(2)(B). , substituted “subparagraph (B) of paragraph (1)” for “clause (ii) of subparagraph (A)”.

Pub. L. 105–33, § 5571(c)Subsec. (c)(3). , added par. (3).

Pub. L. 104–208, § 5011996—Subsec. (c). , added subsec. (c).

Pub. L. 104–208, § 308(g)(8)(E)Subsec. (c)(1)(B)(iii). , substituted “cancellation of removal under section 240A of such Act” for “suspension of deportation and adjustment of status pursuant to section 244(a)(3) of such Act”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

section 208(c) of Pub. L. 116–260Dec. 27, 2020section 208(e) of Pub. L. 116–260 section 1612 of this titleAmendment by applicable to benefits for items and services furnished on or after , see , set out as a note under .

Effective Date of 2008 Amendment

Pub. L. 110–457, title II, § 211(b)Dec. 23, 2008122 Stat. 5063

Dec. 23, 2008“The amendments made by subsection (a) [amending this section] shall apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act [] without regard to whether regulations have been implemented to carry out such amendments.”

, , , provided that:

Effective Date of 1997 Amendment

section 5302(c)(3) of Pub. L. 105–33 Pub. L. 104–193 section 5308 of Pub. L. 105–33 section 1612 of this titleAmendment by 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. 105–33 Pub. L. 104–193 section 5582 of Pub. L. 105–33 section 1367 of this titleAmendment by sections 5562, 5571(a)–(c), 5581(b)(6), (7) 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 .

Effective Date of 1996 Amendment

section 308(g)(8)(E) of Pub. L. 104–208Sept. 30, 1996section 309 of Pub. L. 104–208 section 1101 of this titleAmendment by effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after , see , set out as a note under .

section 501 of Pub. L. 104–208Sept. 30, 1996section 591 of Pub. L. 104–208 section 1101 of this titleAmendment by effective , see , set out as a note under .