8 USC 1612 - Limited eligibility of qualified aliens for certain Federal programs

View all text of Subchapter I [§ 1611 - § 1615]

§ 1612. Limited eligibility of qualified aliens for certain Federal programs

(a) Limited eligibility for specified Federal programs

(1) In general

(2) Exceptions

(A) Time-limited exception for refugees and asyleesWith respect to the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien until 7 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 [8 U.S.C. 1157];

(ii) an alien is granted asylum under section 208 of such Act [8 U.S.C. 1158];

(iii) an alien’s deportation is withheld under section 243(h) of such Act [8 U.S.C. 1253] (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 [8 U.S.C. 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104–208);

(iv) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or

(v) an alien is admitted to the United States as an Amerasian immigrant pursuant to 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 and amended by the 9th proviso under migration and refugee assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100–461, as amended).

(B) Certain permanent resident aliensParagraph (1) shall not apply to an alien who—

(i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; and

(ii)(I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title, and (II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 1613 of this title) during any such period.

(C) Veteran and active duty exceptionParagraph (1) shall not apply to an alien who is lawfully residing in any State and is—

(i) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38,

(ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or

(iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii) 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.

(D) Transition for aliens currently receiving benefits

(i) SSI(I) In general(II) Redetermination criteria(III) Grandfather provision(IV) Notice

(ii) Food stamps(I) In general(II) Recertification criteria(III) Grandfather provision

(E) Aliens receiving SSI on August 22, 1996

(F) Disabled aliens lawfully residing in the United States on August 22, 1996With respect to eligibility for benefits for the specified Federal programs described in paragraph (3), paragraph (1) shall not apply to an alien who—

(i) in the case of the specified Federal program described in paragraph (3)(A)—(I) was lawfully residing in the United States on August 22, 1996; and(II) is blind or disabled (as defined in paragraph (2) or (3) of section 1614(a) of the Social Security Act (42 U.S.C. 1382c(a))); and

(ii) in the case of the specified Federal program described in paragraph (3)(B), is receiving benefits or assistance for blindness or disability (within the meaning of section 3(j) of the Food Stamp Act of 1977 1 (7 U.S.C. 2012(r))).2

2 So in original. Probably should be “2012(j))).”.

(G) Exception for certain IndiansWith respect to eligibility for benefits for the specified Federal programs described in paragraph (3), section 1611(a) of this title and paragraph (1) shall not apply to any individual—

(i) who is an American Indian born in Canada to whom the provisions of section 289 of the Immigration and Nationality Act (8 U.S.C. 1359) apply; or

(ii) who is a member of an Indian tribe (as defined in section 5304(e) of title 25).

(H) SSI exception for certain recipients on the basis of very old applicationsWith 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 any individual—

(i) who is receiving benefits under such program for months after July 1996 on the basis of an application filed before January 1, 1979; and

(ii) with respect to whom the Commissioner of Social Security lacks clear and convincing evidence that such individual is an alien ineligible for such benefits as a result of the application of this section.

(I) Food stamp exception for certain elderly individualsWith respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to any individual who on August 22, 1996—

(i) was lawfully residing in the United States; and

(ii) was 65 years of age or older.

(J) Food stamp exception for certain children

(K) Food stamp exception for certain Hmong and Highland LaotiansWith respect to eligibility for benefits for the specified Federal program described in paragraph (3)(B), paragraph (1) shall not apply to—

(i) any individual who—(I) is lawfully residing in the United States; and(II) was a member of a Hmong or Highland Laotian tribe at the time that the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in section 101 of title 38);

(ii) the spouse, or an unmarried dependent child, of such an individual; or

(iii) the unremarried surviving spouse of such an individual who is deceased.

(L) Food stamp exception for certain qualified aliens

(M) SSI extensions through fiscal year 2011

(i) Two-year extension for certain aliens and victims of trafficking(I) In general(II) Aliens and victims whose benefits ceased in prior fiscal years(III) Aliens and victims describedFor purposes of subclauses (I) and (II), a qualified alien or victim of trafficking described in this subclause is an alien or victim who—(aa) has been a lawful permanent resident for less than 6 years and such status has not been abandoned, rescinded under section 246 of the Immigration and Nationality Act [8 U.S.C. 1256], or terminated through removal proceedings under section 240 of the Immigration and Nationality Act [8 U.S.C. 1229a], and the Commissioner of Social Security has verified such status, through procedures established in consultation with the Secretary of Homeland Security;(bb) has filed an application, within 4 years from the date the alien or victim began receiving supplemental security income benefits, to become a lawful permanent resident with the Secretary of Homeland Security, and the Commissioner of Social Security has verified, through procedures established in consultation with such Secretary, that such application is pending;(cc) has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (Public Law 96–422), for purposes of the specified Federal program described in paragraph (3)(A);(dd) has had his or her deportation withheld by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act [8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104–208), or whose removal is withheld under section 241(b)(3) of such Act [8 U.S.C. 1231(b)(3)];(ee) has not attained age 18; or(ff) has attained age 70.(IV) Declaration required(aa) In general(bb) Exception for children(V) Payment of benefits to aliens whose benefits ceased in prior fiscal years

(ii) Special rule in case of pending or approved naturalization application

(N) Exception for citizens of freely associated states

(3) “Specified Federal program” definedFor purposes of this chapter, the term “specified Federal program” means any of the following:

(A) SSI

(B) Food stamps

(b) Limited eligibility for designated Federal programs

(1) In general

(2) ExceptionsQualified aliens under this paragraph shall be eligible for any designated Federal program.

(A) Time-limited exception for refugees and asylees

(i) MedicaidWith respect to the designated Federal program described in paragraph (3)(C), paragraph (1) shall not apply to an alien until 7 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 [8 U.S.C. 1157];(II) an alien is granted asylum under section 208 of such Act [8 U.S.C. 1158];(III) an alien’s deportation is withheld under section 243(h) of such Act [8 U.S.C. 1253] (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 [8 U.S.C. 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104–208);(IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or(V) an alien 3

3 So in original. Probably should be “alien is”.

admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) 1 until 5 years after the date of such alien’s entry into the United States.

(ii) Other designated Federal programsWith respect to the designated Federal programs under paragraph (3) (other than subparagraph (C)), 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 [8 U.S.C. 1157];(II) an alien is granted asylum under section 208 of such Act [8 U.S.C. 1158];(III) an alien’s deportation is withheld under section 243(h) of such Act [8 U.S.C. 1253] (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 [8 U.S.C. 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104–208);(IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or(V) an alien 3 admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) 1 until 5 years after the date of such alien’s entry into the United States.

(B) Certain permanent resident aliensAn alien who—

(i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; and

(ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or

(D) Transition for those currently receiving benefits

(E) Medicaid exception for certain Indians

(F) Medicaid exception for aliens receiving SSI

(G) Exception for citizens of freely associated states

(3) “Designated Federal program” definedFor purposes of this chapter, the term “designated Federal program” means any of the following:

(A) Temporary assistance for needy families

(B) Social services block grant

(Pub. L. 104–193, title IV, § 402, Aug. 22, 1996, 110 Stat. 2262; Pub. L. 104–208, div. C, title V, § 510, Sept. 30, 1996, 110 Stat. 3009–673; Pub. L. 105–18, title II, § 6005(a), June 12, 1997, 111 Stat. 191; Pub. L. 105–33, title V, §§ 5301–5302(b), 5303(a), (b), 5304, 5305(b), 5306(a), (b), 5562, 5563, Aug. 5, 1997, 111 Stat. 597, 598, 600–602, 638; Pub. L. 105–185, title V, §§ 503–508, June 23, 1998, 112 Stat. 578, 579; Pub. L. 107–171, title IV, § 4401(a), (b)(1), (c)(1), May 13, 2002, 116 Stat. 333; Pub. L. 110–234, title IV, § 4115(c)(2)(D), May 22, 2008, 122 Stat. 1110; Pub. L. 110–246, § 4(a), title IV, § 4115(c)(2)(D), June 18, 2008, 122 Stat. 1664, 1871; Pub. L. 110–328, § 2, Sept. 30, 2008, 122 Stat. 3567; Pub. L. 116–260, div. CC, title II, § 208(a), Dec. 27, 2020, 134 Stat. 2985; Pub. L. 118–42, div. G, title II, § 209(f)(1), Mar. 9, 2024, 138 Stat. 445.)