8 U.S.C. § 1643 : US Code - Section 1643: Statutory construction

Search 8 U.S.C. § 1643 : US Code - Section 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
This chapter does not apply to any Federal, State, or local
governmental program, assistance, or benefits provided to an alien
under any program of foreign assistance as determined by the
Secretary of State in consultation with the Attorney General.
(d) Severability
If any provision of this chapter or the application of such
provision to any person or circumstance is held to be
unconstitutional, the remainder of this chapter and the application
of the provisions of such to any person or circumstance shall not
be affected thereby.
« Prev
Verification of eligibility for Federal public benefits
Up
General provisions
Next »
Communication between State and local government agencies and Immigration and Naturalization Service