Preventing Illegal Aliens From Obtaining Social Security Act Benefits

This presidential memorandum directs multiple Cabinet secretaries and agency heads to tighten eligibility verification and fraud enforcement for Social Security Act programs, aiming to prevent undocumented immigrants from receiving benefits. It mandates expanding fraud prosecutor programs to 50 U.S. Attorney Offices by October 2025, implementing a 2023 SSA Inspector General audit recommendation on death records, and reviewing resumption of civil monetary penalties within 60 days.

Federal Register Open PDF 90 FR 16451

Impact dates

Oct 1, 2025
SSA fraud prosecutor program expanded to at least 50 U.S. Attorney Offices
Oct 1, 2025
CMS fraud prosecutor program established in at least 15 U.S. Attorney Offices
Jun 14, 2025
SSA Commissioner review of whether to resume civil monetary penalties under section 1129

Key directives

Secretary of Labor, HHS Secretary, and SSA Commissioner shall ensure ineligible aliens are not receiving Social Security Act funds
Promulgate guidance/regulations on Social Security Act funds
Prioritize civil/administrative enforcement against states/localities failing to verify eligibility or stop payments to ineligible/deceased payees
Attorney General and SSA Commissioner: detail Special Assistant U.S. Attorneys to expand SSA fraud prosecutor program to ≥50 U.S. Attorney Offices by October 1, 2025
Attorney General and HHS Secretary: establish CMS fraud prosecutor program in ≥15 U.S. Attorney Offices by October 1, 2025
Prioritize new detailees to 10 U.S. Attorney Offices with largest known undocumented populations per DHS
SSA Commissioner shall fully implement IG Audit Report A-06-21-51022 recommendations; HHS Secretary shall cooperate
SSA Commissioner shall refer earnings reports for persons age 100+ with name mismatches to SSA IG for investigation
Within 60 days: SSA Commissioner review whether to resume civil monetary penalties under section 1129 of Social Security Act

Who is ordered

Timeline

Immediate

Memorandum publication in Federal Register directed
SSA Commissioner to begin review of civil monetary penalties under section 1129

Near term (90d)

Within 60 days: SSA Commissioner completes review of whether to resume civil monetary penalties under section 1129 of Social Security Act

Long term

By October 1, 2025: Expand SSA fraud prosecutor program to at least 50 U.S. Attorney Offices
By October 1, 2025: Establish CMS fraud prosecutor program in at least 15 U.S. Attorney Offices
Full implementation of SSA IG Audit Report A-06-21-51022 recommendations on death records

Risks & tensions

Potential conflict with existing statutory eligibility criteria if 'ineligible aliens' interpretation exceeds current law
Resource strain on U.S. Attorney Offices with new detailee programs
State/local grantee enforcement priority may trigger federalism tensions
60-day review deadline for civil monetary penalties is tight for regulatory analysis
Vague 'all reasonable measures, consistent with applicable law' language creates implementation uncertainty