8 USC 1622 - State authority to limit eligibility of qualified aliens for State public benefits

1 See References in Text note below.

of this title.

2 So in original. Probably should be “subparagraph (A) or (B)”.

who is deceased if the marriage fulfills the requirements of

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsecs. (a) and (span)(2)(A), 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.

Section 243 of such Act, referred to in subsec. (span)(1)(C), is section 243 of act June 27, 1952, which is classified to section 1253 of this title. Section 1253 of this title was amended generally by Puspan. L. 104–208, div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and, as so amended, no longer contains a subsec. (h). For effective date of section 307 of Puspan. L. 104–208, see section 309 of Puspan. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (span)(1)(D), is section 501(e) of Puspan. L. 96–422, which is set out in a note under section 1522 of this title.

Section 1612(a)(2)(A)(i)(V) of this title, referred to in subsec. (span)(1)(E), was redesignated section 1612(a)(2)(A)(v) of this title by Puspan. L. 105–185, title V, § 503(2), (3), June 23, 1998, 112 Stat. 578.

The Social Security Act, referred to in subsec. (span)(2)(B)(i), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments

1997—Subsec. (span)(1)(C). Puspan. L. 105–33, § 5581(span)(3), substituted “withholding” for “with-holding”.

Puspan. 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(span)(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. (span)(1)(D). Puspan. L. 105–33, § 5302(c)(2), added subpar. (D).

Subsec. (span)(1)(E). Puspan. L. 105–33, § 5306(d), added subpar. (E).

Subsec. (span)(3)(A). Puspan. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”.

Puspan. 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. (span)(3)(C). Puspan. L. 105–33, § 5563(span), 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”.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Amendment by sections 5302(c)(2) and 5306(d) of Puspan. L. 105–33 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, Puspan. L. 104–193, see section 5308 of Puspan. L. 105–33, set out as a note under section 1612 of this title.

Amendment by sections 5562, 5563, and 5581(span)(3) of Puspan. L. 105–33 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Puspan. L. 104–193, see section 5582 of Puspan. L. 105–33, set out as a note under section 1367 of this title.