§ 1622. State authority to limit eligibility of qualified aliens for State public benefits

• (a) 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 section 1641 of this title ), a nonimmigrant under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) ] for less than one year.
• (b) Qualified aliens under this subsection shall be eligible for any State public benefits.
  • (1)
    • (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.
    • (E) An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 1 1 See References in Text note below. of this title.
  • (2) 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) 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
    • (C) 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 2 So in original. Probably should be “subparagraph (A) or (B)”. who is deceased if the marriage fulfills the requirements of section 1304 of title 38 .
  • (4) An alien who on August 22, 1996 , is lawfully residing in any State and is receiving benefits on August 22, 1996 , shall continue to be eligible to receive such benefits until January 1, 1997 .