
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1621]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
     CHAPTER 14--RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS
 
 SUBCHAPTER II--ELIGIBILITY FOR STATE AND LOCAL PUBLIC BENEFITS PROGRAMS
 
Sec. 1621. Aliens who are not qualified aliens or nonimmigrants 
        ineligible for State and local public benefits
        

(a) In general

    Notwithstanding any other provision of law and except as provided in 
subsections (b) and (d) of this section, an alien who is not--
        (1) a qualified alien (as defined in section 1641 of this 
    title),
        (2) a nonimmigrant under the Immigration and Nationality Act [8 
    U.S.C. 1101 et seq.], or
        (3) an alien who is paroled into the United States under section 
    212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for less than one year,

is not eligible for any State or local public benefit (as defined in 
subsection (c) of this section).

(b) Exceptions

    Subsection (a) of this section shall not apply with respect to the 
following State or local public benefits:
        (1) Assistance for health care items and services that are 
    necessary for the treatment of an emergency medical condition (as 
    defined in section 1396b(v)(3) of title 42) of the alien involved 
    and are not related to an organ transplant procedure.
        (2) Short-term, non-cash, in-kind emergency disaster relief.
        (3) 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.
        (4) Programs, services, or assistance (such as soup kitchens, 
    crisis counseling and intervention, and short-term shelter) 
    specified by the Attorney General, in the Attorney General's sole 
    and unreviewable discretion after consultation with appropriate 
    Federal 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.

(c) ``State or local public benefit'' defined

    (1) Except as provided in paragraphs (2) and (3), for purposes of 
this subchapter the term ``State or local public benefit'' means--
        (A) any grant, contract, loan, professional license, or 
    commercial license provided by an agency of a State or local 
    government or by appropriated funds of a State or local government; 
    and
        (B) any retirement, welfare, health, disability, public or 
    assisted housing, postsecondary education, food assistance, 
    unemployment benefit, or any other similar benefit for which 
    payments or assistance are provided to an individual, household, or 
    family eligibility unit by an agency of a State or local government 
    or by appropriated funds of a State or local government.

    (2) Such term shall not apply--
        (A) to any contract, professional license, or commercial license 
    for a nonimmigrant whose visa for entry is related to such 
    employment in the United States, or to a citizen of a freely 
    associated state, if section 141 of the applicable compact of free 
    association approved in Public Law 99-239 or 99-658 (or a successor 
    provision) is in effect;
        (B) with respect to benefits for an alien who as a work 
    authorized nonimmigrant or as an alien lawfully admitted for 
    permanent residence under the Immigration and Nationality Act [8 
    U.S.C. 1101 et seq.] qualified for such benefits and for whom the 
    United States under reciprocal treaty agreements is required to pay 
    benefits, as determined by the Secretary of State, after 
    consultation with the Attorney General; or
        (C) to the issuance of a professional license to, or the renewal 
    of a professional license by, a foreign national not physically 
    present in the United States.

    (3) Such term does not include any Federal public benefit under 
section 1611(c) of this title.

(d) State authority to provide for eligibility of illegal aliens for 
        State and local public benefits

    A State may provide that an alien who is not lawfully present in the 
United States is eligible for any State or local public benefit for 
which such alien would otherwise be ineligible under subsection (a) of 
this section only through the enactment of a State law after August 22, 
1996, which affirmatively provides for such eligibility.

(Pub. L. 104-193, title IV, Sec. 411, Aug. 22, 1996, 110 Stat. 2268; 
Pub. L. 105-33, title V, Secs. 5565, 5581(b)(1), Aug. 5, 1997, 111 Stat. 
639, 642; Pub. L. 105-306, Sec. 5(b), Oct. 28, 1998, 112 Stat. 2927.)

                       References in Text

    The Immigration and Nationality Act, referred to in subsecs. (a)(2) 
and (c)(2)(B), is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, 
which is classified principally to chapter 12 (Sec. 1101 et seq.) of 
this title. For complete classification of this Act to the Code, see 
Short Title note set out under section 1101 of this title and Tables.
    Section 141 of the applicable compact of free association approved 
in Public Law 99-239 or 99-658, referred to in subsec. (c)(2)(A), means 
section 141 of the Compact of Free Association between the Government of 
the United States and the Governments of the Marshall Islands and the 
Federated States of Micronesia, which is contained in section 201 of 
Pub. L. 99-239, set out as a note under section 1901 of Title 48, 
Territories and Insular Possessions, and section 141 of the Compact of 
Free Association between the United States and the Government of Palau, 
which is contained in section 201 of Pub. L. 99-658, set out as a note 
under section 1931 of Title 48.


                               Amendments

    1998--Subsec. (c)(2)(C). Pub. L. 105-306 added subpar. (C).
    1997--Subsec. (c)(2)(A). Pub. L. 105-33, Sec. 5565, inserted before 
semicolon ``, or to a citizen of a freely associated state, if section 
141 of the applicable compact of free association approved in Public Law 
99-239 or 99-658 (or a successor provision) is in effect''.
    Subsec. (c)(3). Pub. L. 105-33, Sec. 5581(b)(1), made technical 
amendment to reference in original act which appears in text as 
reference to section 1611(c) of this title.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective as if included in the 
enactment of title IV of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section 
5582 of Pub. L. 105-33, set out as a note under section 1367 of this 
title.


   Pilot Programs on Limiting Issuance of Driver's License to Illegal 
                                 Aliens

    Pub. L. 104-208, div. C, title V, Sec. 502, Sept. 30, 1996, 110 
Stat. 3009-671, provided that:
    ``(a) In General.--Pursuant to guidelines prescribed by the Attorney 
General not later than 6 months after the date of the enactment of this 
Act [Sept. 30, 1996], all States may conduct pilot programs within their 
State to determine the viability, advisability, and cost-effectiveness 
of the State's denying driver's licenses to aliens who are not lawfully 
present in the United States. Under a pilot program a State may deny a 
driver's license to aliens who are not lawfully present in the United 
States. Such program shall be conducted in cooperation with relevant 
State and local authorities.
    ``(b) Report.--Not later than 3 years after the date of the 
enactment of this Act, the Attorney General shall submit a report to the 
Judiciary Committees of the House of Representatives and of the Senate 
on the results of the pilot programs conducted under subsection (a).''

                  Section Referred to in Other Sections

    This section is referred to in sections 1183a, 1625, 1632, 1642 of 
this title.
