View all text of Subchapter IV [§ 1641 - § 1646]
§ 1643. Statutory construction
(a) Limitation
(1) Nothing in this chapter may be construed as an entitlement or a determination of an individual’s eligibility or fulfillment of the requisite requirements for any Federal, State, or local governmental program, assistance, or benefits. For purposes of this chapter, eligibility relates only to the general issue of eligibility or ineligibility on the basis of alienage.
(2) Nothing in this chapter may be construed as addressing alien eligibility for a basic public education as determined by the Supreme Court of the United States under Plyler v. Doe (457 U.S. 202)(1982).
(b) Benefit eligibility limitations applicable only with respect to aliens present in United States
Notwithstanding any other provision of this chapter, the limitations on eligibility for benefits under this chapter shall not apply to eligibility for benefits of aliens who are not residing, or present, in the United States with respect to—
(1) wages, pensions, annuities, and other earned payments to which an alien is entitled resulting from employment by, or on behalf of, a Federal, State, or local government agency which was not prohibited during the period of such employment or service under section 274A [8 U.S.C. 1324a] or other applicable provision of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; or
(2) benefits under laws administered by the Secretary of Veterans Affairs.
(c) Not applicable to foreign assistance
(d) Severability
(Pub. L. 104–193, title IV, § 433, Aug. 22, 1996, 110 Stat. 2275; Pub. L. 105–33, title V, § 5574, Aug. 5, 1997, 111 Stat. 642.)