Consequences for Social Security Fraud Act

#174 | HR Congress #119

Policy Area: Immigration
Subjects:

Last Action: Referred to the House Committee on the Judiciary. (1/3/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Consequences for Social Security Fraud Act" aims to amend the Immigration and Nationality Act by establishing that aliens who have been convicted of, or have admitted to committing social security fraud or fraud related to identification documents, will be considered inadmissible to the United States and subject to deportation.

Specifically, the bill adds provisions that classify offenses related to social security fraud, including those associated with COVID-19 relief funds, as grounds for barring entry and deporting individuals. This includes crimes under the Social Security Act and federal laws concerning identification fraud. The intent is to strengthen immigration laws by preventing those who engage in fraudulent activities from residing in or entering the country.

Possible Impacts

The "Consequences for Social Security Fraud Act" could have several impacts on individuals, particularly those in the immigrant community. Here are three examples:

1. **Increased Risk of Deportation for Immigrants**: Under this legislation, any alien (non-citizen) who is convicted of or admits to committing Social Security fraud or related identification document fraud could face deportation. This could disproportionately affect immigrants who may have made mistakes or been falsely accused of fraud, leading to significant legal and personal repercussions, including the loss of their right to reside in the U.S.

2. **Fear of Reporting Fraudulent Activity**: The act may create a chilling effect on individuals who might witness or know about fraudulent activities. For example, immigrants might be less likely to report social security fraud to authorities for fear that they could unintentionally become implicated or face scrutiny regarding their own immigration status. This could hinder efforts to combat fraud effectively.

3. **Impact on Legal Immigrants and Their Families**: Legal immigrants who might have committed minor infractions related to Social Security could find themselves facing severe penalties, including deportation. This could lead to family separations, especially if those affected are primary earners or caregivers within their households. The emotional and economic strain on families could be substantial, impacting their overall well-being and stability.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 174 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 174

To amend the Immigration and Nationality Act to provide that aliens who 
have been convicted of or who have committed Social Security fraud are 
                      inadmissible and deportable.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

Mr. McClintock (for himself, Mr. Wilson of South Carolina, Ms. Tenney, 
   Mrs. Wagner, Mr. Edwards, Mrs. Houchin, Mr. Hunt, and Mr. Crank) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to provide that aliens who 
have been convicted of or who have committed Social Security fraud are 
                      inadmissible and deportable.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consequences for Social Security 
Fraud Act''.

SEC. 2. INADMISSIBILITY AND DEPORTABILITY RELATED TO SOCIAL SECURITY 
              FRAUD OR IDENTIFICATION DOCUMENT FRAUD.

    (a) Inadmissibility.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Social security fraud or identification 
                document fraud.--
                            ``(i) In general.--Any alien who has been 
                        convicted of, who admits having committed, or 
                        who admits committing acts which constitute the 
                        essential elements of a covered COVID offense, 
                        an offense under section 208 of the Social 
                        Security Act (42 U.S.C. 408) (relating to 
                        social security account numbers or social 
                        security cards), an offense under section 1028 
                        of title 18, United States Code (relating to 
                        fraud and related activity in connection with 
                        identification documents, authentication 
                        features, and information), or a conspiracy to 
                        commit such an offense, is inadmissible.
                            ``(ii) Covered covid offense.--For purposes 
                        of this subparagraph, the term `covered COVID 
                        offense' means an offense of fraud pertaining 
                        to--
                                    ``(I) a loan made under--
                                            ``(aa) paragraph (36) or 
                                        (37) of subsection (a) of 
                                        section 7 of the Small Business 
                                        Act (15 U.S.C. 636); or
                                            ``(bb) subsection (b) of 
                                        such section in response to the 
                                        COVID-19 pandemic; or
                                    ``(II) a grant made under--
                                            ``(aa) section 5003 of the 
                                        American Rescue Plan Act of 
                                        2021 (15 U.S.C. 9009c); or
                                            ``(bb) section 324 of the 
                                        Economic Aid to Hard-Hit Small 
                                        Businesses, Nonprofits, and 
                                        Venues Act (15 U.S.C. 
                                        9009a).''.
    (b) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(G) Social security fraud or identification 
                document fraud.--Any alien who has been convicted of, 
                who admits having committed, or who admits committing 
                acts which constitute the essential elements of a 
                covered COVID offense (as such term is defined in 
                section 212(a)(2)(J)(ii)), an offense under section 208 
                of the Social Security Act (42 U.S.C. 408) (relating to 
                social security account numbers or social security 
                cards), an offense under section 1028 of title 18, 
                United States Code (relating to fraud and related 
                activity in connection with identification documents, 
                authentication features, and information), or a 
                conspiracy to commit such an offense, is deportable.''.
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