8 U.S.C. § 1641

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 1641 - Definitions

(a) In general

Except as otherwise provided in this chapter, the terms used in this chapter have the same meaning given such terms in section 101(a) of the Immigration and Nationality Act [ 8 U.S.C. 1101(a) ].

(b) Qualified alien

For purposes of this chapter, the term "qualified alien" means an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, is-

(1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.],

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

(3) a refugee who is admitted to the United States under section 207 of such Act [ 8 U.S.C. 1157 ],

(4) 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 a period of at least 1 year,

(5) 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),

(6) an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act [ 8 U.S.C. 1153(a)(7) ] as in effect prior to April 1, 1980,

(7) an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980), or

(8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 1612(b)(2)(G) of this title.

(c) Treatment of certain battered aliens as qualified aliens

For purposes of this chapter, the term "qualified alien" includes-

(1) an alien who-

(A) has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(B) has been approved or has a petition pending which sets forth a prima facie case for-

(i) status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act [ 8 U.S.C. 1154(a)(1)(A)(ii), (iii), (iv) ],

(ii) classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the Act [ 8 U.S.C. 1154(a)(1)(B)(ii), (iii) ],

(iii) suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act [ 8 U.S.C. 1254(a)(3) ] (as in effect before the title III-A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).¹

(iv) status as a spouse or child of a United States citizen pursuant to clause (i) of section 204(a)(1)(A) of such Act [ 8 U.S.C. 1154(a)(1)(A)(i) ], or classification pursuant to clause (i) of section 204(a)(1)(B) of such Act [ 8 U.S.C. 1154(a)(1)(B)(i) ]; ²

(v) cancellation of removal pursuant to section 240A(b)(2) of such Act [ 8 U.S.C. 1229b(b)(2) ];

(2) an alien-

(A) whose child has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(B) who meets the requirement of subparagraph (B) of paragraph (1);

(3) an alien child who-

(A) resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and

(B) who meets the requirement of subparagraph (B) of paragraph (1); or

(4) an alien who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(T) ) or who has a pending application that sets forth a prima facie case for eligibility for such nonimmigrant status.

This subsection shall not apply to an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty.

After consultation with the Secretaries of Health and Human Services, Agriculture, and Housing and Urban Development, the Commissioner of Social Security, and with the heads of such Federal agencies administering benefits as the Attorney General considers appropriate, the Attorney General shall issue guidance (in the Attorney General's sole and unreviewable discretion) for purposes of this subsection and section 1631(f) of this title, concerning the meaning of the terms "battery" and "extreme cruelty", and the standards and methods to be used for determining whether a substantial connection exists between battery or cruelty suffered and an individual's need for benefits under a specific Federal, State, or local program.

¹ So in original. The period probably should be a comma.

² So in original. The semicolon probably should be ", or".

8 U.S.C. § 1641

Pub. L. 104-193, title IV, §431, Aug. 22, 1996, 110 Stat. 2274; Pub. L. 104-208, div. C, title III, §308(g)(8)(E), title V, §501, Sept. 30, 1996, 110 Stat. 3009-624, 3009-670; Pub. L. 105-33, title V, §§5302(c)(3)5562,, 55625562,, 55715562,, 111 Stat. 599, 638, 640, 643; Pub. L. 106-386, div. B, title V, §15081508,, 114 Stat. 1530; Pub. L. 110-457, title II, §211(a), Dec. 23, 2008, 122 Stat. 5063; Pub. L. 116-260 div. CC, title II, §208(c), Dec. 27, 2020, 134 Stat. 2985; Pub. L. 118-42, div. G, title II, §209(f)(3), Mar. 9, 2024, 138 Stat. 445.

EDITORIAL NOTES

REFERENCES IN TEXTThis chapter, referred to in text, was in the original "this title" meaning title IV of Pub. L. 104-193, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, 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 section 1101 of this title and Tables.Section 243 of such Act, referred to in subsec. (b)(5), is section 243 of act June 27, 1952, which is classified to section 1253 of this title. Section 1253 of this title was amended generally by Pub. L. 104-208, div. C, title III, §307(a), Sept. 30, 1996, 110 Stat. 3009-612, and, as so amended, no longer contains a subsec. (h). For effective date of section 307 of Pub. L. 104-208 see section 309 of Pub. L. 104-208 set out as an Effective Date of 1996 Amendments note under section 1101 of this title.Section 203(a)(7) of such Act as in effect prior to April 1, 1980, referred to in subsec. (b)(6), means section 203(a)(7) of act June 27, 1952, which was classified to section 1153(a)(7) of this title. Section 1153(a)(7) of this title was repealed and section 1153(a)(8) was redesignated section 1153(a)(7) by Pub. L. 96-212, title II, §203(c)(3), (6), Mar. 17, 1980, 94 Stat. 107, effective Apr. 1, 1980. Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsec. (b)(7), is section 501(e) of Pub. L. 96-422 which is set out in a note under section 1522 of this title.Section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, referred to in subsec. (c)(1)(B)(iii), is section 309 of title III of div. C of Pub. L. 104-208 which is set out as a note under section 1101 of this title.

AMENDMENTS2024-Subsec. (b)(8). Pub. L. 118-42 struck out ", but only with respect to the designated Federal program defined in section 1612(b)(3)(C) of this title (relating to the Medicaid program)" before period at end. 2020-Subsec. (b)(8). Pub. L. 116-260 added par. (8).2008-Subsec. (c)(4). Pub. L. 110-457 added par. (4).2000-Subsec. (c)(1)(B)(iii). Pub. L. 106-386 amended cl. (iii) generally. Prior to amendment, cl. (iii) read as follows: "cancellation of removal under section 240A of such Act (as in effect prior to April 1, 1997),".1997-Subsec. (b)(5). Pub. L. 105-33, §5562, substituted "section 243(h) of such Act (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 (as amended by section 305(a) of division C of Public Law 104-208)" for "section 243(h) of such Act". Subsec. (b)(7). Pub. L. 105-33, §5302(c)(3), added par. (7). Subsec. (c). Pub. L. 105-33, §5571(b), inserted at end "After consultation with the Secretaries of Health and Human Services, Agriculture, and Housing and Urban Development, the Commissioner of Social Security, and with the heads of such Federal agencies administering benefits as the Attorney General considers appropriate, the Attorney General shall issue guidance (in the Attorney General's sole and unreviewable discretion) for purposes of this subsection and section 1631(f) of this title, concerning the meaning of the terms 'battery' and 'extreme cruelty', and the standards and methods to be used for determining whether a substantial connection exists between battery or cruelty suffered and an individual's need for benefits under a specific Federal, State, or local program."Subsec. (c)(1)(A). Pub. L. 105-33, §5571(a), substituted "agency providing such benefits)" for "Attorney General, which opinion is not subject to review by any court)". Subsec. (c)(1)(B)(iii). Pub. L. 105-33, §5581(b)(7)(A), substituted "(as in effect prior to April 1, 1997)," for ", or".Subsec. (c)(1)(B)(v). Pub. L. 105-33, §5581(b)(7)(B), added cl. (v). Subsec. (c)(2)(A). Pub. L. 105-33, §5571(a), substituted "agency providing such benefits)" for "Attorney General, which opinion is not subject to review by any court)".Subsec. (c)(2)(B). Pub. L. 105-33, §5581(b)(6), substituted "subparagraph (B) of paragraph (1)" for "clause (ii) of subparagraph (A)".Subsec. (c)(3). Pub. L. 105-33, §5571(c), added par. (3).1996-Subsec. (c). Pub. L. 104-208, §501, added subsec. (c).Subsec. (c)(1)(B)(iii). Pub. L. 104-208, §308(g)(8)(E), substituted "cancellation of removal under section 240A of such Act" for "suspension of deportation and adjustment of status pursuant to section 244(a)(3) of such Act".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2020 AMENDMENT Amendment by section 208(c) of Pub. L. 116-260 applicable to benefits for items and services furnished on or after Dec. 27, 2020, see section 208(e) of Pub. L. 116-260 set out as a note under section 1612 of this title.

EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-457, title II, §211(b), Dec. 23, 2008, 122 Stat. 5063, provided that: "The amendments made by subsection (a) [amending this section] shall apply to applications for public benefits and public benefits provided on or after the date of the enactment of this Act [Dec. 23, 2008] without regard to whether regulations have been implemented to carry out such amendments."

EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 5302(c)(3) of Pub. L. 105-33 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, Pub. L. 104-193 see section 5308 of Pub. L. 105-33 set out as a note under section 1612 of this title.Amendment by sections 5562, 5571(a)-(c), 5581(b)(6), (7) of Pub. L. 105-33 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193 see section 5582 of Pub. L. 105-33 set out as a note under section 1367 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 308(g)(8)(E) of Pub. L. 104-208 effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days after Sept. 30, 1996, see section 309 of Pub. L. 104-208 set out as a note under section 1101 of this title.Amendment by section 501 of Pub. L. 104-208 effective Sept. 30, 1996, see section 591 of Pub. L. 104-208 set out as a note under section 1101 of this title.