Consequences for Social Security Fraud Act
- Bill Number
- H.R. 174
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2025-01-03: Referred to the House Committee on the Judiciary.
- Last Updated
- 2025-02-25T16:48:25Z
AI-Generated Summary
Purpose
The "Consequences for Social Security Fraud Act" (H.R. 174) aims to strengthen U.S. immigration enforcement by making non-citizens (aliens) who commit certain types of fraud—specifically related to Social Security numbers, identification documents, or COVID-19 relief programs—inadmissible to the United States and subject to deportation. This targets fraudulent activities that undermine government benefits and identification systems.
Key Provisions
- Inadmissibility Grounds: Amends Section 212(a)(2) of the Immigration and Nationality Act (INA) to bar entry for any alien who:
- Has been convicted of a "covered COVID offense," an offense under Section 208 of the Social Security Act (misuse of Social Security account numbers or cards), an offense under 18 U.S.C. §1028 (fraud involving identification documents, features, or information), or a conspiracy to commit these offenses.
- Admits to having committed such acts or admits acts that form the essential elements of these offenses.
- "Covered COVID Offense" Definition: Refers to fraud related to specific COVID-19 relief programs, including:
- Loans under paragraphs (36) or (37) of Section 7(a), or Section 7(b), of the Small Business Act (15 U.S.C. §636), enacted in response to the pandemic.
- Grants under Section 5003 of the American Rescue Plan Act (15 U.S.C. §9009c) or Section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (15 U.S.C. §9009a).
- Deportability Grounds: Amends Section 237(a)(2) of the INA to make any alien deportable (removable from the U.S.) on the same bases as inadmissibility, including convictions, admissions, or essential acts constituting these frauds.
Significant Changes to Existing Law
- Expands the INA's list of criminal grounds for inadmissibility and deportability by adding a new subparagraph (J) for inadmissibility and (G) for deportability, specifically targeting Social Security and identification fraud, plus COVID-related fraud.
- Introduces "admission" of acts (without conviction) as a basis for action, broadening enforcement beyond court convictions to include self-admissions or evidence of essential elements of the crime.
- Links immigration consequences directly to fraud in federal relief programs, which were not previously explicit grounds under the INA for these purposes.
Potential Impacts
- Government Agencies: Increases workload for the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and U.S. Citizenship and Immigration Services (USCIS) in screening, investigating, and processing cases involving fraud admissions or convictions. May require coordination with the Social Security Administration (SSA) and Department of Justice (DOJ) for evidence sharing.
- Citizens and Non-Citizens: Primarily affects non-citizens by raising barriers to entry or residency for those involved in fraud, potentially deterring misuse of Social Security and COVID relief systems. U.S. citizens are indirectly impacted through stronger protections for public funds and identification integrity.
- International Relations: Could strain ties with countries whose nationals are frequently involved in such fraud, leading to more denials of visas or returns of deportees, but it aligns with global efforts to combat identity and benefit fraud.
Main Stakeholders Affected
- Non-Citizen Immigrants: Those who have used or attempted to use fraudulent Social Security numbers, IDs, or COVID relief, facing denial of entry, visa revocation, or removal proceedings.
- Immigration Enforcement Agencies: DHS, ICE, and USCIS, which will enforce the new rules and handle increased case volumes.
- Federal Benefit Programs: SSA and Small Business Administration (SBA), benefiting from reduced fraud but needing to report relevant cases to immigration authorities.
- Legal and Advocacy Groups: Immigrant rights organizations may challenge applications in court, while law enforcement groups could support the measure for aiding fraud prosecutions.
Notable Legal, Constitutional, or Political Implications
- Legal: Provides clearer statutory authority for immigration actions based on fraud admissions, potentially simplifying prosecutions but raising due process concerns if "essential elements" of offenses are interpreted broadly without full trials. Aligns with existing INA frameworks for crimes of moral turpitude but extends to non-violent frauds.
- Constitutional: No direct challenges apparent, as it builds on Congress's plenary power over immigration; however, it could invite scrutiny under the Fifth Amendment if admissions are coerced or evidence standards are deemed insufficient.
- Political: Represents a bipartisan push (introduced by Republicans but with broad fraud deterrence appeal) to link immigration policy with fiscal accountability, emphasizing consequences for abusing U.S. benefits amid ongoing debates on border security and pandemic relief integrity.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (17)
Rep. Wilson, Joe [R-SC-2], Rep. Tenney, Claudia [R-NY-24], Rep. Wagner, Ann [R-MO-2], Rep. Edwards, Chuck [R-NC-11], Rep. Houchin, Erin [R-IN-9], Rep. Hunt, Wesley [R-TX-38], Rep. Crank, Jeff [R-CO-5], Rep. Obernolte, Jay [R-CA-23], Rep. LaMalfa, Doug [R-CA-1], Rep. Rogers, Harold [R-KY-5], Rep. Brecheen, Josh [R-OK-2], Rep. Harris, Andy [R-MD-1], Rep. Grothman, Glenn [R-WI-6], Rep. Self, Keith [R-TX-3], Rep. Stauber, Pete [R-MN-8], Rep. Owens, Burgess [R-UT-4], Rep. Smith, Adrian [R-NE-3]
Recent Actions
- 2025-01-03: Referred to the House Committee on the Judiciary.
- 2025-01-03: Introduced in House
- 2025-01-03: Introduced in House
Bill Versions
- Consequences for Social Security Fraud Act — issued 2025-01-03 — PDF (4 pages)