# § 1622. State authority to limit eligibility of qualified aliens for State public benefits
**(a)** **In general** section 1641 of this title8 U.S.C. 11018 U.S.C. 1182(d)(5)
Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in ), a nonimmigrant under the Immigration and Nationality Act [ et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [] for less than one year.
**(b)** **Exceptions** Qualified aliens under this subsection shall be eligible for any State public benefits.
**(1)** **Time-limited exception for refugees and asylees**
**(A)** An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157] until 5 years after the date of an alien’s entry into the United States.
**(B)** An alien who is granted asylum under section 208 of such Act [8 U.S.C. 1158] until 5 years after the date of such grant of asylum.
**(C)** An alien whose deportation is being 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) until 5 years after such withholding.
**(D)** An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 until 5 years after the alien is granted such status.
**1** An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) [^1] of this title.
See References in Text note below.
**(2)** **Certain permanent resident aliens** An alien who—
**(A)** is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.]; and
**(B)**
**(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.
**(3)** **Veteran and active duty exception** An alien who is lawfully residing in any State and is—
**(A)** 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,
**(B)** on active duty (other than active duty for training) in the Armed Forces of the United States, or
**2** the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) [^2] who is deceased if the marriage fulfills the requirements of section 1304 of title 38.
So in original. Probably should be “subparagraph (A) or (B)”.
**(4)** **Transition for those currently receiving benefits** August 22, 1996August 22, 1996January 1, 1997
An alien who on , is lawfully residing in any State and is receiving benefits on , shall continue to be eligible to receive such benefits until .
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**Source Credit**: (Pub. L. 104–193, title IV, § 412, Aug. 22, 1996, 110 Stat. 2269; Pub. L. 105–33, title V, §§ 5302(c)(2), 5306(d), 5562, 5563, 5581(b)(3), Aug. 5, 1997, 111 Stat. 599, 602, 638, 643.)
## Editorial Notes
### References in Text
The Immigration and Nationality Act, referred to in subsecs. (a) and (b)(2)(A), is , , 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 and Tables.
Section 243 of such Act, referred to in subsec. (b)(1)(C), is section 243 of act , which is classified to . was amended generally by , , , and, as so amended, no longer contains a subsec. (h). For effective date of , see , set out as an Effective Date of 1996 Amendments note under .
Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(1)(D), is , which is set out in a note under .
, referred to in subsec. (b)(1)(E), was redesignated by , (3), , .
The Social Security Act, referred to in subsec. (b)(2)(B)(i), is , . 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 and Tables.
### Amendments
1997—Subsec. (b)(1)(C). , substituted “withholding” for “with-holding”.
, substituted “section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of ) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of )” for “section 243(h) of such Act”.
Subsec. (b)(1)(D). , added subpar. (D).
Subsec. (b)(1)(E). , added subpar. (E).
Subsec. (b)(3)(A). , inserted “, 1101, or 1301, or as described in section 107” after “section 101”.
, inserted “and who fulfills the minimum active-duty service requirements of ” after “alienage”.
Subsec. (b)(3)(C). , 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 ”.
## Statutory Notes and Related Subsidiaries
### Effective Date of 1997 Amendment
Amendment by sections 5302(c)(2) and 5306(d) of 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, , see , set out as a note under .
Amendment by sections 5562, 5563, and 5581(b)(3) of effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .