8 U.S.C. § 1623
Section 1623 · Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits
This is § 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
Amended 1 time on record
Applied in 17 court decisions — leading case 50 Cal. 4th 1277 - Martinez v. Regents of University of California (2010)
Most recently applied in Young Conservatives v. Smatresk (August 2023)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident.
This section shall apply to benefits provided on or after July 1, 1998.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Codification
Section was enacted as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropriations Act, 1997, and not as part of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 which comprises this chapter.