Sec. 433. STATUTORY CONSTRUCTION
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## SEC. 433 STATUTORY CONSTRUCTION **[**[8 U.S.C. 1643](/us/usc/t8/s1643)**]** ###
(a)Limitation ####
(1)Nothing in this title 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 title, eligibility relates only to the general issue of eligibility or ineligibility on the basis of alienage. ####
(2)Nothing in this title 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 the United States Notwithstanding any other provision of this title, the limitations on eligibility for benefits under this title 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 or other applicable provision of the Immigration and Nationality Act; or ####
(2)benefits under laws administered by the Secretary of Veterans Affairs. ###
(c)Not Applicable to Foreign Assistance This title 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 title or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this title and the application of the provisions of such to any person or circumstance shall not be affected thereby.
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- 457 U.S. 202
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