Preserving Social Security and Medicare for Citizens Act of 2026
- Bill Number
- H.R. 8112
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Immigration
- Status
- Introduced
- Latest Action
- 2026-03-26: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-09T08:06:15Z
AI-Generated Summary
Purpose
The "Preserving Social Security and Medicare for Citizens Act of 2026" (H.R. 8112) aims to restrict eligibility for Social Security and Medicare benefits to U.S. citizens, nationals, and lawful permanent residents (green card holders). It also expands the Federal Insurance Contributions Act (FICA) taxes—payroll taxes that fund these programs—to certain previously exempt workers.
Key Provisions
- Medicare Eligibility Limits (Section 2): Amends Section 1899C of the Social Security Act to restrict Medicare (title XVIII) to individuals meeting criteria in paragraphs (1) or (2) only (likely U.S. citizens/nationals or lawful permanent residents), removing paragraphs (3) and (4). Includes a special rule "grandfathering" those already enrolled or entitled as of enactment, treating them as eligible under prior law (Public Law 119-21).
- Social Security Benefits Limits (Section 3): Amends Section 202(y) to bar monthly benefits under title II for anyone who is not a U.S. citizen/national or lawful permanent resident. Applies to benefits starting after enactment.
- FICA Tax Expansion (Section 4): Amends Internal Revenue Code Section 3121(b) by removing exemptions in paragraphs (1), (18), and (19), requiring FICA taxes on remuneration for affected workers in taxable years after the enactment year.
Significant Changes to Existing Law
- Narrows Medicare eligibility by eliminating broader categories (e.g., certain refugees, asylees, or other immigrants previously covered under paragraphs (3) and (4)).
- Explicitly limits Social Security monthly benefits to citizens, nationals, or lawful permanent residents, overriding other laws.
- Ends specific exemptions from FICA taxes (e.g., for certain non-resident aliens or types of labor), broadening the tax base to include more non-citizen workers.
Potential Impacts
- Government Agencies: Social Security Administration (SSA) and Centers for Medicare & Medicaid Services (CMS) would process fewer benefit claims; Internal Revenue Service (IRS) would collect more FICA revenue, potentially reducing program deficits.
- Citizens and Lawful Permanent Residents: Ensures benefits are reserved for them, possibly preserving fund solvency.
- Immigrants: Non-permanent residents (e.g., temporary visa holders, undocumented individuals) lose access to new benefits; previously exempt workers must now pay FICA taxes.
- International Relations: Minimal direct impact, but could affect perceptions of U.S. immigration policy.
Main Stakeholders
- Beneficiaries: U.S. citizens, nationals, and lawful permanent residents (gain protected access).
- Excluded Groups: Non-permanent resident immigrants (lose eligibility for benefits).
- Agencies: SSA, CMS (benefit administration changes); IRS (tax collection expansion).
- Employers/Workers: Those paying or previously exempt from FICA (increased costs/compliance).
Notable Legal, Constitutional, or Political Implications
- Legal: Alters entitlement criteria in major programs (Social Security Act titles II/XVIII), with targeted effective dates to minimize disruptions; "grandfathering" for Medicare avoids retroactive cuts.
- Constitutional: May invite challenges under equal protection (14th Amendment) for distinguishing based on immigration status, though Congress has broad authority over welfare benefits and taxes.
- Political: Reinforces citizenship-based priorities for safety-net programs; referred to House Committees on Ways and Means and Energy and Commerce for review.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Burchett, Tim [R-TN-2], Rep. Gill, Brandon [R-TX-26]
Recent Actions
- 2026-03-26: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-26: Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-03-26: Introduced in House
- 2026-03-26: Introduced in House
Bill Versions
- Preserving Social Security and Medicare for Citizens Act of 2026 — issued 2026-03-26 — PDF (3 pages)