PRWORA and the CARES Act: What's the Prospective Power of a 'Notwithstanding' Clause? [July 27, 2020] [open pdf - 630KB]
From the Document: "Which categories of non-U.S. nationals (aliens) are eligible for the student financial aid, unemployment compensation, and other benefits authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act? Particularly in the case of student financial aid, the question has produced debate and controversy. The CARES Act itself is mostly silent about alien eligibility. The legal debate centers upon a provision from the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, which renders many aliens ineligible for federal public benefits. PRWORA says that its restriction applies 'notwithstanding any other provision of law.' What power does that phrase have to limit eligibility for the benefits created 24 years later in the CARES Act?"
CRS Legal Sidebar, LSB10526
Congressional Research Service: https://crsreports.congress.gov/