Should noncitizens who commit social security fraud be deported or deemed inadmissible to the United States?

This bill has Passed the House of Representatives
Bill Summary

The Consequences for Social Security Fraud Act seeks to make noncitizens inadmissible and deportable from the United States for committing social security fraud, which includes filing claims using another person's social security number, concealing facts that determine eligibility for benefits, and applying for a social security number as a noncitizen without authorization to work. Fraud related to social security account numbers, cards, and other identification documents, as well as conspiracy to commit fraud or forgery, is covered under the bill. The bill adds to the Inadmissible Aliens (212) and Deportable Aliens (237) sections of the 1952 Immigration and Nationality Act. Sponsor: Rep. Tom McClintock (Republican, California, District 5)
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Opponents say

•      "This bill goes beyond current law and overreaches in a very significant way. While Social Security fraud is largely already an inadmissibility/removability offense under current law, this bill makes a significant change by not requiring that an individual be convicted of the crime to render them deportable. This is concerning and stands in stark contrast to every other criminal deportability ground in Section 237 of the INA, except for the human trafficking grounds and some drug-related grounds. All other offenses require a criminal conviction to render a noncitizen deportable. Deportability grounds are not about undocumented immigrants, who are already removable. They apply only to individuals who are lawfully present in the United States. Removing the conviction requirement for deportability raises serious due process concerns for longstanding legal residents. [...] If this bill were to become law, it would lead to absurd consequences. It would be easier to deport someone for social security fraud related offenses, than it is to deport someone for murder, rape, or sexual abuse of a minor, all of which require a conviction. For all of these reasons, I dissent, and I urge all of my colleagues to oppose this legislation." Source: Rep. Jerry Nadler (Democrat, New York, District 12)


•      "In the final stretch before Iowa’s caucuses next Monday, the former Republican president has repeatedly suggested that Democrats are encouraging migrants to flow into the country illegally in order to register them to vote in the 2024 election. The unsupported claim, which Trump and other Republicans have carted out in past election years, is resonating with voters who agree that security is lacking at both the border and the polls. Experts say it also can be damaging, giving undue traction to false stereotypes and extremist ideologies such as the racist 'great replacement theory.'" Source: Ali Swenson via AP News

Proponents say

•      "The current process for holding illegal migrants accountable for ID fraud is bureaucratized to the point of absurdity. [...] Despite the harm of social security fraud and the increasing number of illegal aliens committing it,  there is no guarantee that an illegal alien can be declared inadmissible to or be removable from the United States.  The bill changes that arduous, counterintuitive and lengthy process by streamlining the analysis and ensuring that criminal aliens can be held to account and quickly removed from the country for victimizing Americans through social security and ID fraud. In doing so, the Consequences for Social Security Fraud Act protects Americans and strengthens the immigration system." Source: Rep. Tom McClintock (Republican, California, District 5)


•      "More and more, we are seeing illegal immigrants commit social security fraud and steal hard working Americans’ social security numbers: In 2017, there were 1.2 million cases where an illegal migrant used a stolen or fabricated social security number. Despite their crime and the devastating effects social security fraud can have on the victim, the current system fails to hold illegal immigrants who commit social security or identification fraud accountable, with removal proceedings dragging out over several years due to burdensome bureaucracy. For example, one illegal alien committing identification fraud was placed into removal proceedings in 2005, but the process didn’t end until 2013. Additionally, there is currently no guarantee that an illegal immigrant committing social security fraud can be deported or declared inadmissible to the United States. This is unacceptable: Illegal immigrants who steal social security numbers or create false ones should not be allowed to stay in the United States or enter our borders." Source: Rep. Steve Scalise (Republican, Louisiana, District 1)