8 U.S.C. § 1642

Verification of eligibility for Federal public benefits

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(a) In general(1) Not later than 18 months after August 22, 1996, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall promulgate regulations requiring verification that a person applying for a Federal public benefit (as defined in section 1611(c) of this title), to which the limitation under section 1611 of this title applies, is a qualified alien and is eligible to receive such benefit. Such regulations shall, to the extent feasible, require that information requested and exchanged be similar in form and manner to information requested and exchanged under section 1320b–7 of title 42. Not later than 90 days after August 5, 1997, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall issue interim verification guidance.(2) Not later than 18 months after August 22, 1996, the Attorney General, in consultation with the Secretary of Health and Human Services, shall also establish procedures for a person applying for a Federal public benefit (as defined in section 1611(c) of this title) to provide proof of citizenship in a fair and nondiscriminatory manner.(3) Not later than 90 days after August 5, 1997, the Attorney General shall promulgate regulations which set forth the procedures by which a State or local government can verify whether an alien applying for a State or local public benefit is a qualified alien, a nonimmigrant under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.], or an alien paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act [8 U.S.C. 1182(d)(5)] for less than 1 year, for purposes of determining whether the alien is ineligible for benefits under section 1621 of this title.(b) State compliance

Not later than 24 months after the date the regulations described in subsection (a) are adopted, a State that administers a program that provides a Federal public benefit shall have in effect a verification system that complies with the regulations.

There are authorized to be appropriated such sums as may be necessary to carry out the purpose of this section.

(d) No verification requirement for nonprofit charitable organizations

Subject to subsection (a), a nonprofit charitable organization, in providing any Federal public benefit (as defined in section 1611(c) of this title) or any State or local public benefit (as defined in section 1621(c) of this title), is not required under this chapter to determine, verify, or otherwise require proof of eligibility of any applicant for such benefits.

(Pub. L. 104–193, title IV, § 432, Aug. 22, 1996, 110 Stat. 2274; Pub. L. 104–208, div. C, title V, §§ 504, 508, Sept. 30, 1996, 110 Stat. 3009–672, 3009–673; Pub. L. 105–33, title V, § 5572(a), Aug. 5, 1997, 111 Stat. 641.)Editorial NotesReferences in Text

The Immigration and Nationality Act, referred to in subsec. (a)(3), 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.

This chapter, referred to in subsec. (d), was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, 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 section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.

Amendments

1997—Subsec. (a)(1). Pub. L. 105–33, § 5572(a)(1), inserted at end “Not later than 90 days after August 5, 1997, the Attorney General of the United States, after consultation with the Secretary of Health and Human Services, shall issue interim verification guidance.”

Subsec. (a)(3). Pub. L. 105–33, § 5572(a)(2), added par. (3).

1996—Subsec. (a). Pub. L. 104–208, § 504, designated existing provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 104–208, § 508, added subsec. (d).

Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions

Cited in 7 cases, 1997–2020 · leading case: Equal Access Education v. Merten

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Equal Access Education v. Merten (2004) vaed · cites it 2× “Plaintiffs argue that because under 8 U.S.C. § 1642 , the PRWORA sets forth a system for verifying eligibility, including immigration status, for federal public benefits, Congress has created a comprehensive regulatory scheme that classifies persons based on immigration status…”

League of United Latin American Citizens v. Wilson (1997) cacd · cites it 3× “§ 1621 (d)); and a system for verifying immigration status to determine eligibility for benefits and services ( 8 U.S.C. § 1642 ). Together, these provisions both demarcate a field of comprehensive federal regulation within which states may not legislate, *1254 and define…”

Abreu v. Callahan (1997) nysd “” 8 U.S.C. § 1642 . 158 . Def. Mem. 48. 159 .”

Poder in Action v. Phoenix, City of (2020) azd · cites it 2× “See 8 U.S.C. § 1642 (a)(1) (“Not later than 18 months 22 after August 22, 1996, the Attorney General of the United States, after consultation with 23 the Secretary of Health and Human Services, shall promulgate regulations requiring 24 verification that a person applying for a…”

Oakley v. DeVos (2020) cand “8 U.S.C. § 1642 (d). 27 26 Therein, the Attorney General deferred to program exceptions already issued by certain federal agencies under this provision, finding it was in those agencies’ discretion to specify their on wheels, and other such community nutritional services for…”

Martinez v. Regents of University of California (2008) calctapp “section 1621 ; it was rejecting the plaintiffs' argument that Virginia's policy of denying college admission to illegal aliens was preempted by a different federal statute ( 8 U.S.C. § 1642 ). Merten said, "the scheme PRWORA [ 8 U.”

Untitled Texas Attorney General Opinion (1999) texag “8 U.S.C.A. § 1642 (a)(l), (2) (West Supp.”

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