8 U.S.C. § 1612
Limited eligibility of qualified aliens for certain Federal programs
Notwithstanding any other provision of law and except as provided in paragraph (2), an alien who is a qualified alien (as defined in section 1641 of this title) is not eligible for any specified Federal program (as defined in paragraph (3)).
With respect to the specified Federal program described in paragraph (3)(A), during the period beginning on
With respect to any redetermination under subclause (I), the Commissioner of Social Security shall apply the eligibility criteria for new applicants for benefits under such program.
The provisions of this subsection and the redetermination under subclause (I), shall only apply with respect to the benefits of an individual described in subclause (I) for months beginning on or after
Not later than
With respect to the specified Federal program described in paragraph (3)(B), ineligibility under paragraph (1) shall not apply until
With respect to any recertification under subclause (I), the State agency shall apply the eligibility criteria for applicants for benefits under such program.
The provisions of this subsection and the recertification under subclause (I) shall only apply with respect to the eligibility of an alien for a program for months beginning on or after the date of recertification, if on
With respect to eligibility for benefits for the program defined in paragraph (3)(A) (relating to the supplemental security income program), paragraph (1) shall not apply to an alien who is lawfully residing in the United States and who was receiving such benefits on
With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who is under 18 years of age.
With respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any qualified alien who has resided in the United States with a status within the meaning of the term “qualified alien” for a period of 5 years or more beginning on the date of the alien’s entry into the United States.
Subject to clause (ii), with respect to eligibility for benefits under subparagraph (A) for the specified Federal program described in paragraph (3)(A) of qualified aliens (as defined in section 1641(b) of this title) and victims of trafficking in persons (as defined in section 7105(b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T)(ii)]), the 7-year period described in subparagraph (A) shall be deemed to be a 9-year period during fiscal years 2009 through 2011 in the case of such a qualified alien or victim of trafficking who furnishes to the Commissioner of Social Security the declaration required under subclause (IV) (if applicable) and is described in subclause (III).
Subject to clause (ii), beginning on
For purposes of subclauses (I) and (II), the declaration required under this subclause of a qualified alien or victim of trafficking described in either such subclause is a declaration under penalty of perjury stating that the alien or victim has made a good faith effort to pursue United States citizenship, as determined by the Secretary of Homeland Security. The Commissioner of Social Security shall develop criteria as needed, in consultation with the Secretary of Homeland Security, for consideration of such declarations.
A qualified alien or victim of trafficking described in subclause (I) or (II) who has not attained age 18 shall not be required to furnish to the Commissioner of Social Security a declaration described in item (aa) as a condition of being eligible for the specified Federal program described in paragraph (3)(A) for an additional 2-year period in accordance with this clause.
Benefits paid to a qualified alien or victim described in subclause (II) shall be paid prospectively over the duration of the qualified alien’s or victim’s renewed eligibility.
With respect to eligibility for benefits for the specified program described in paragraph (3)(A), paragraph (1) shall not apply during fiscal years 2009 through 2011 to an alien described in one of clauses (i) through (v) of subparagraph (A) or a victim of trafficking in persons (as defined in section 7105(b)(1)(C) of title 22 or as granted status under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act [8 U.S.C. 1101(a)(15)(T)(ii)]), if such alien or victim (including any such alien or victim rendered ineligible for the specified Federal program described in paragraph (3)(A) during the period beginning on
With respect to eligibility for benefits for any specified Federal program, paragraph (1) shall not apply to any individual who lawfully resides in the United States in accordance with section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.
The supplemental security income program under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.], including supplementary payments pursuant to an agreement for Federal administration under section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] and payments pursuant to an agreement entered into under section 212(b) of Public Law 93–66.
The food stamp program as defined in section 3(l) of the Food Stamp Act of 1977.1
Notwithstanding any other provision of law and except as provided in section 1613 of this title and paragraph (2), a State is authorized to determine the eligibility of an alien who is a qualified alien (as defined in section 1641 of this title) for any designated Federal program (as defined in paragraph (3)).
An alien who on
With respect to eligibility for benefits for the program defined in paragraph (3)(C) (relating to the medicaid program), section 1611(a) of this title and paragraph (1) shall not apply to any individual described in subsection (a)(2)(G).
An alien who is receiving benefits under the program defined in subsection (a)(3)(A) (relating to the supplemental security income program) shall be eligible for medical assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) under the same terms and conditions that apply to other recipients of benefits under the program defined in such subsection.
With respect to eligibility for benefits for any designated Federal program, paragraph (1) shall not apply to any individual who lawfully resides in 1 of the 50 States or the District of Columbia in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and shall not apply, at the option of the Governor of Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa as communicated to the Secretary of Health and Human Services in writing, to any individual who lawfully resides in the respective territory in accordance with such Compacts.
The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.].
The program of block grants to States for social services under title XX of the Social Security Act [42 U.S.C. 1397 et seq.].
A State plan approved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], other than medical assistance described in section 1611(b)(1)(A) of this title.
Section 243 of such Act and section 243 of the Immigration and Nationality Act, referred to in subsecs. (a)(2)(A)(iii), (M)(i)(III)(dd) and (b)(2)(A)(i)(III), (ii)(III), are section 243 of act
Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsecs. (a)(2)(A)(iv), (M)(i)(III)(cc) and (b)(2)(A)(i)(IV), (ii)(IV), is section 501(e) of Pub. L. 96–422, which is set out in a note under section 1522 of this title.
Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as contained in section 101(e) of Public Law 100–202, referred to in subsec. (a)(2)(A)(v), is section 101(e) [title V, § 584] of Pub. L. 100–202,
The 9th proviso under
The Immigration and Nationality Act, referred to in subsecs. (a)(2)(B)(i) and (b)(2)(B)(i), is act June 27, 1952, ch. 477, 66 Stat. 163, 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 section 1101 of this title and Tables.
The Social Security Act, referred to in subsecs. (a)(2)(B)(ii)(I), (M)(i)(II), (3)(A) and (b)(2)(B)(ii)(I), (F), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II, XVI, XIX, and XX of the Act are classified generally to subchapters II (§ 401 et seq.), XVI (§ 1381 et seq.), XIX (§ 1396 et seq.) and XX (§ 1397 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
The Food Stamp Act of 1977, referred to in subsec. (a)(2)(D)(ii)(I), (F)(ii), (3)(B), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525,
This chapter, referred to in subsecs. (a)(3) and (b)(3), was in the original “this title” meaning title IV of Pub. L. 104–193,
Section 212(b) of Public Law 93–66, referred to in subsec. (a)(3)(A), is set out as a note under section 1382 of Title 42, The Public Health and Welfare.
Subsection (a)(2)(A)(i)(V) of this section, referred to in subsec. (b)(2)(A)(i)(V), (ii)(V), was redesignated section 1612(a)(2)(A)(v) of this title by Pub. L. 105–185, title V, § 503(2), (3),
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2024—Subsec. (a)(2)(N). Pub. L. 118–42, § 209(f)(1)(A), added subpar. (N).
Subsec. (b)(2)(G). Pub. L. 118–42, § 209(f)(1)(B), substituted “Exception for” for “Medicaid exception for” in heading and “any designated Federal program” for “the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program)” in text.
2020—Subsec. (b)(2)(G). Pub. L. 116–260 added subpar. (G).
2008—Subsec. (a)(2)(F)(ii). Pub. L. 110–246, § 4115(c)(2)(D)(i), substituted “section 3(j)” for “section 3(r)”.
Subsec. (a)(2)(M). Pub. L. 110–328 added subpar. (M).
Subsec. (a)(3)(B). Pub. L. 110–246, § 4115(c)(2)(D)(ii), substituted “section 3(l)” for “section 3(h)”.
2002—Subsec. (a)(2)(F). Pub. L. 107–171, § 4401(a), added cl. (i), substituted “(ii) in the case” for “(II) in the case”, and struck out former cls. (i) and (ii)(I) which read as follows:
“(i) was lawfully residing in the United States on
“(ii)(I) in the case of the specified Federal program described in paragraph (3)(A), is blind or disabled, as defined in section 1614(a)(2) or 1614(a)(3) of the Social Security Act; and”.
Subsec. (a)(2)(J). Pub. L. 107–171, § 4401(b)(1), substituted “who is under 18 years of age.” for “who—
“(i) was lawfully residing in the United States on
“(ii) is under 18 years of age.”
Subsec. (a)(2)(L). Pub. L. 107–171, § 4401(c)(1), added subpar. (L).
1998—Subsec. (a)(2)(A). Pub. L. 105–185, § 503, struck out cl. (i) designation and heading after subpar. (A) heading, substituted “programs described in paragraph (3)” for “program described in paragraph (3)(A)” in introductory provisions, redesignated subcls. (I) to (V) as cls. (i) to (v), respectively, and realigned their margins, and struck out heading and text of former cl. (ii) which related to eligibility of certain aliens for the food stamp program.
Subsec. (a)(2)(F). Pub. L. 105–185, § 504(1), substituted “specified Federal programs described in paragraph (3)” for “program defined in paragraph (3)(A) (relating to the supplemental security income program)” in introductory provisions.
Subsec. (a)(2)(F)(ii). Pub. L. 105–185, § 504(2), designated existing provisions as subcl. (I), inserted “in the case of the specified Federal program described in paragraph (3)(A),” before “is blind”, substituted “; and” for period at end, and added subcl. (II).
Subsec. (a)(2)(G). Pub. L. 105–185, § 505, substituted “Exception” for “SSI exception” in subpar. heading and “specified Federal programs described in paragraph (3)” for “program defined in paragraph (3)(A) (relating to the supplemental security income program)” in introductory provisions.
Subsec. (a)(2)(I). Pub. L. 105–185, § 506, added subpar. (I).
Subsec. (a)(2)(J). Pub. L. 105–185, § 507, added subpar. (J).
Subsec. (a)(2)(K). Pub. L. 105–185, § 508, added subpar. (K).
1997—Subsec. (a)(2)(A). Pub. L. 105–33, § 5302(a), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply to an alien until 5 years after the date—
“(i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;
“(ii) an alien is granted asylum under section 208 of such Act; or
“(iii) an alien’s deportation is withheld under section 243(h) of such Act.”
Subsec. (a)(2)(A)(i)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.
Subsec. (a)(2)(A)(i)(V). Pub. L. 105–33, § 5306(a)(1), added subcl. (V).
Subsec. (a)(2)(A)(ii)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.
Subsec. (a)(2)(A)(ii)(V). Pub. L. 105–33, § 5306(a)(2), added subcl. (V).
Subsec. (a)(2)(C)(i). Pub. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”.
Pub. L. 105–33, § 5563(a), inserted “and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38” after “alienage”.
Subsec. (a)(2)(C)(iii). Pub. L. 105–33, § 5563(b), 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 section 1304 of title 38”.
Subsec. (a)(2)(D)(i)(I). Pub. L. 105–33, § 5301(c)(1), substituted “
Pub. L. 105–18, § 6005(a)(1), substituted “
Subsec. (a)(2)(D)(i)(III). Pub. L. 105–33, § 5301(c)(2), substituted “
Pub. L. 105–18, § 6005(a)(2), substituted “
Subsec. (a)(2)(E). Pub. L. 105–33, § 5301(a), added subpar. (E).
Subsec. (a)(2)(F). Pub. L. 105–33, § 5301(b), added subpar. (F).
Subsec. (a)(2)(G). Pub. L. 105–33, § 5303(a), added subpar. (G).
Subsec. (a)(2)(H). Pub. L. 105–33, § 5304, added subpar. (H).
Subsec. (b)(2)(A). Pub. L. 105–33, § 5302(b), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows:
“(i) 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.
“(ii) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum.
“(iii) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withholding.”
Subsec. (b)(2)(A)(i)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.
Subsec. (b)(2)(A)(i)(V). Pub. L. 105–33, § 5306(b)(1), added subcl. (V).
Subsec. (b)(2)(A)(ii)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.
Subsec. (b)(2)(A)(ii)(V). Pub. L. 105–33, § 5306(b)(2), added subcl. (V).
Subsec. (b)(2)(C)(i). Pub. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”.
Pub. L. 105–33, § 5563(a), inserted “and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38” after “alienage”.
Subsec. (b)(2)(C)(iii). Pub. L. 105–33, § 5563(b), 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 section 1304 of title 38”.
Subsec. (b)(2)(E). Pub. L. 105–33, § 5303(b), added subpar. (E).
Subsec. (b)(2)(F). Pub. L. 105–33, § 5305(b), added subpar. (F).
1996—Subsec. (a)(2)(D)(ii)(I). Pub. L. 104–208 amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “With respect to the specified Federal program described in paragraph (3)(B), during the period beginning on
References to the food stamp program established under the Food and Nutrition Act of 2008, formerly known as the Food Stamp Act of 1977, considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.
Pub. L. 116–260, div. CC, title II, § 208(e),
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective
Amendment by section 4115(c)(2)(D) of Pub. L. 110–246 effective
Amendment by section 4401(a) of Pub. L. 107–171 effective
Amendment by section 4401(b)(1) of Pub. L. 107–171 effective
Pub. L. 107–171, title IV, § 4401(c)(2),
Pub. L. 105–185, title V, § 510(b),
Pub. L. 105–33, title V, § 5308,
Amendment by sections 5562 and 5563 of 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.
Pub. L. 105–18, title II, § 6005(b),
Pub. L. 104–208, div. C, title V, § 510,