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HR 174 · 119th CongressIn Committee
Consequences for Social Security Fraud Act
Latest updateJan 3, 2025
Referred to the House Committee on the Judiciary.
Immigration
Sponsor
Tom McClintock
Introduced
January 3, 2025
Latest action
January 3, 2025
Legislative Progress
How far this bill has traveled through Congress
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President
Enacted
Introduced
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Latest Action
Referred to the House Committee on the Judiciary.
Plain-Language Summary
AI GeneratedUnder current immigration law, the Immigration and Nationality Act establishes grounds for denying entry to foreign nationals and for removing those already in the United States. These grounds include crimes of moral turpitude, drug offenses, and certain violent felonies. However, Social Security fraud and identity document fraud are not explicitly listed as standalone grounds for inadmissibility or deportation, even though they involve federal crimes that harm both government programs and individual victims. This gap means that foreign nationals convicted of these offenses may remain in the country or avoid removal proceedings based on immigration violations alone.
The Consequences for Social Security Fraud Act amends the Immigration and Nationality Act to establish Social Security fraud and identity document fraud as grounds for both inadmissibility and deportability. The bill directs the Department of Homeland Security to treat foreign nationals who have been convicted of, admitted to committing, or admitted to committing acts constituting Social Security account fraud under federal law, identity document fraud under federal law, or COVID-relief fraud as ineligible for entry and subject to removal. The law covers fraud related to Paycheck Protection Program loans, Economic Injury Disaster Loans, and grants under the American Rescue Plan Act.
The bill takes effect upon enactment and applies to both prospective cases and those already in immigration proceedings. No new funding is required, as the Department of Homeland Security and Department of Justice already maintain conviction records and conduct deportation proceedings. The change will expand the categories of criminal conduct triggering mandatory removal, potentially increasing deportation cases handled by Immigration and Customs Enforcement and immigration courts. Existing legal permanent residents and visa holders convicted of these offenses would become deportable, and foreign nationals seeking entry would face automatic bars to admission.
Key Provisions
- 1Establishes that foreign nationals convicted of Social Security fraud under section 208 of the Social Security Act are inadmissible to the United States and subject to deportation.
- 2Establishes that foreign nationals convicted of identity document fraud under section 1028 of title 18 are inadmissible and deportable.
- 3Establishes that foreign nationals convicted of fraud related to COVID-relief loans and grants, including Paycheck Protection Program loans and American Rescue Plan grants, are inadmissible and deportable.
- 4Applies the inadmissibility and deportability grounds to aliens who admit having committed or admit committing acts constituting the essential elements of these offenses, not only those formally convicted.
- 5Extends the grounds to conspiracies to commit Social Security fraud, identity document fraud, or COVID-relief fraud.
★ Why this matters
The bill creates new automatic grounds for denying entry and ordering removal of foreign nationals based on Social Security fraud, identity document fraud, and COVID-relief fraud convictions. Immigration courts and the Department of Homeland Security will process additional deportation cases involving these offenses. Individuals already in the country on visas or as permanent residents who are convicted of these crimes would become subject to mandatory removal proceedings. The change closes a gap in immigration enforcement by treating these federal crimes the same as other serious offenses that trigger deportation.
● Who this affects
Foreign nationals convicted of Social Security fraud, identity document fraud, or COVID-relief fraud face the most direct impact, including legal permanent residents and visa holders already in the United States. Immigration judges and Department of Homeland Security officers will handle increased caseloads related to these offenses. The Social Security Administration and Department of Justice, which investigate and prosecute these crimes, will see their enforcement efforts more directly connected to immigration consequences. Victims of identity theft and Social Security fraud may see faster removal of perpetrators from the country.
Bill Text
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<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
…