PUBLIC LAW 104-193—AUG. 22, 1996
110 STAT. 2269
(A) to any contract, professional license, or commercial
license for a nonimmigrant whose visa for entry is related
to such employment in the United States; or
(B) with respect to benefits for an alien who as a
work authorized nonimmigrant or as an aUen lawfully
admitted for permanent residence under the Immigration
and Nationality Act qualified for such benefits and for
whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the
Secretary of State, after consultation with the Attorney
General.
(3) Such term does not include any Federal public benefit
under section 4001(c).
(d) STATE AUTHORITY TO PROVIDE FOR ELIGIBILITY OF ILLEGAL
ALIENS FOR STATE AND LOCAL PUBLIC BENEFITS. —A State may
provide that an alien who is not lawfully present in the United
States is eligible for any State or local public benefit for which
such alien would otherwise be ineligible under subsection (a) only
through the enactment of a State law after the date of the enactment of this Act which affirmatively provides for such eligibility.
SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED 8 USC 1622.
ALIENS FOR STATE PUBLIC BENEFITS.
(a) IN GENERAL. —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 aefined in section 431), a nonimmigrant under the Immigration and Nationality Act, 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 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 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 until 5 years after such withholding.
(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; and
(B)(i) has worked 40 qualifying quarters of coverage
as defined under title II of the Social Security Act or
can be credited with such qualifying quarters as provided
under section 435, 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 403) during any such
period.
(3) VETERAN AND ACTIVE DUTY EXCEPTION. —An alien who
is lawfully residing in any State and is—
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