Bills
| 3.23.22

Eliminating Social Security Benefits for Work Done While In the Country Illegally (H.R. 1716)

Do you support or oppose this bill?

What is H.R. 1716?

(Updated June 6, 2019)

This bill would prohibit anyone not legally authorized to work in the U.S. from receiving social security benefits for that work. 

Current law forbids a person from receiving Social Security payments if they are here illegally, but their complete work history — including work done while in the U.S. illegally — can count toward Social Security benefits if the person later becomes a legal U.S. resident. This bill would disallow work hours done while in the U.S. illegally from counting toward such benefits. 

Argument in favor

Social Security benefits are for American citizens, period. If work was done by a person in the U.S. under a false name and false SSN, that person should not retroactively collect SSI benefits for that work.

Argument opposed

The surplus of these immigrants will become legal citizens; this bill simply keeps them poor, keeps Social Security trust funds lower, and disavows years if not decades of hard work.

Impact

People who live in the U.S. but are unauthorized to work in the country and their families; federal agencies connected to social security; other workers who pay into social security; Congress.

Cost of H.R. 1716

A CBO cost estimate is unavailable.

Additional Info

In Depth: Sponsoring Rep. Dana Rohrabacher (R-CA) explained in a statement that the bill would disincentivize people from working in the U.S. illegally:
"If we are serious about removing incentives that encourage people to come here illegally, we must address foolish Social Security policies that benefit immigrants who are unauthorized to work in the United States."
The Association of Mature American Citizens furthered in a letter to Congress that current policy enables illegal immigrants to to abuse the system:
"Under current law, aliens who work in Social Security-covered employment and pay Social Security payroll taxes are permitted to collect Social Security benefits. However, allowing unauthorized workers to draw Social Security benefits enables wider abuse of Social Security, compromises U.S. immigration laws, and further complicates efforts to achieve fiscal solvency."
President Obama would almost certainly oppose the bill. As the Washington Post explains, Obama's attempt at passing unilateral immigration reform would entail giving many illegal immigrants access to social security and other benefits:
"Under President Obama’s new program to protect millions of illegal immigrants from deportation, many of those affected will be eligible to receive Social Security, Medicare and a wide array of other federal benefits." 

As White House spokesman Shawn Turner explained, if people are willing to pay into social security, they should be able to receive the benefits:

"If they pay in, they can draw."
Of Note: Many illegal immigrants already pay into social security without receiving benefits. As VICE News explains, illegal immigrants pay about $12 billion per year to social security after accounting for what they get back:
"Stephen Goss, the chief actuary of the Social Security Administration (SSA), told VICE News that an estimated 7 million people are currently working in the US illegally. Of those, he estimates that about 3.1 million are using fake or expired social security numbers, yet also paying automatic payroll taxes. Goss believes that these workers pay an annual net contribution of $12 billion to the Social Security Trust Fund."

This bill has been introduced many times before. Rep. Rohrbacher has introduced the bill seven times without it reaching a vote on the floor of the House a single time. He introduced it in 2003, 2005, 2007, 2009, 2011, 2013, and now in 2015.

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