Preventing Illegal Aliens from Obtaining Social Security Act Benefits

This memorandum directs the Secretaries of Labor and Health and Human Services and the Commissioner of Social Security, in consultation with the Secretary of Homeland Security, to ensure ineligible aliens do not receive Social Security Act funds, including by prioritizing civil or administrative enforcement against States, localities, and grantees that fail to verify eligibility. It directs the Attorney General and the Commissioner to expand the SSA's fraud prosecutor program to at least 50 U.S. Attorney Offices, and the Attorney General and the Secretary of Health and Human Services to establish a similar program for Centers for Medicare and Medicaid Services programs in at least 15 offices, both by October 1, 2025. It further directs the Commissioner to implement the recommendations of SSA Inspector General Audit Report A-06-21-51022, refer mismatched earnings reports for persons age 100 or older to the Inspector General, and, within 60 days, review resuming civil monetary penalties under section 1129 of the Social Security Act.

• DOJ
• Labor
• HHS
• DHS
• Social Security

Immediate, 60 days.

The Commissioner of Social Security shall review whether SSA should resume pursuing civil monetary penalties under section 1129 of the Social Security Act. If the Commissioner of Social Security determines that resumption is warranted, he shall either resume such program immediately or pursue regulatory or policy changes that would allow its resumption in a timely manner (60 days).

No known legal challenges.