TITLE II:IMMIGRANT VISAS

previous next

§ 2323 : ENSURING COMPLIANCE WITH RESTRICTIONS ON WELFARE AND PUBLIC BENEFITS FOR ALIENS.


a.

GENERAL PROHIBITION.—No officer or employee of the Federal Government may—

1.

waive compliance with any requirement in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.) in effect on the date of enactment of this Act or with any restriction on eligibility for any form of assistance or benefit described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) established under a provision of this Act or an amendment made by this Act;

2.

waive the prohibition under subsection (d)(3) of section 245B of the Immigration and Na tionality Act (as added by section 2101 of this Act) on eligibility for Federal means-tested public benefits for any alien granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act;

3.

waive the prohibition under subsection (c)(3) of section 2211 of this Act on eligibility for Federal means-tested public benefits for any alien granted blue card status under that section;

4.

waive the prohibition under subsection (c) of section 2309 of this Act on eligibility for Federal means-tested public benefits for any noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(V)) (as amended by section 2309(a)); or

5.

waive the prohibition under subsection (w)(2)(C) of section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(w)(2)(C)) (as added by section 4504(b) of this Act) on eligibility for any assistance or benefits described in section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613(a)) for any alien described in section 101(a)(15)(Y) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(Y) (as added by section 4504 of this Act) who is issued a nonimmigrant visa.

b.

ENSURING COMPLIANCE WITH FEDERAL WELFARE LAW.—

1.

NO WAIVER OF REQUIREMENTS.—Notwithstanding section 1115(a) of the Social Security Act (42 U.S.C. 1315(a)), the Secretary of Health and Human Services shall not waive compliance by a State, or otherwise permit a State to not comply, with the requirements for the temporary assistance for needy families program referenced in section 408(e) of the Social Security Act (42 U.S.C. 608(e)) and the requirements for that program in section 408(g) of such Act (42 U.S.C. 608(g)).

2.

NO WAIVER OF PENALTIES.—The Secretary of Health and Human Services shall apply section 409 of the Social Security Act (42 U.S.C. 609) to any State that fails to comply with any of the requirements specified in paragraph (1). Subtitle D—Conrad State 30 and Physician Access