President Donald J. Trump has issued a directive aimed at preventing illegal aliens from obtaining benefits under the Social Security Act. The directive serves as an extension of Executive Order 14218, which focuses on ending taxpayer subsidization of open borders. According to the memorandum, federal law and principles of sound administration require that taxpayer-funded benefits be allocated only to eligible individuals, to avoid encouraging or rewarding illegal immigration.
In part of the memorandum, it is stated, "The Secretary of Labor, the Secretary of Health and Human Services, and the Commissioner of Social Security, in consultation with the Secretary of Homeland Security as necessary, shall take all reasonable measures, consistent with applicable law, to ensure ineligible aliens are not receiving funds from Social Security Act programs.”
Measures for enforcing this directive include prioritizing civil or administrative actions against entities that fail to adequately verify eligibility or stop payments to deceased or otherwise ineligible individuals.
The memorandum also directs cooperation between the Attorney General and the Commissioner of Social Security to extend the Social Security Administration's fraud prosecutor program to 50 U.S. Attorney Offices by October 1, 2025. Similarly, a fraud-prosecutor program under the Centers for Medicare and Medicaid Services will operate in at least 15 U.S. Attorney Offices.
An audit by the Inspector General of the SSA highlighted ongoing issues such as unrecorded death information obstructing fraud detection. The memorandum notes, "The Inspector General of the SSA noted in a July 2023 audit that death information regarding millions of deceased number holders is missing from the agency’s files." This obstructs fraud prevention efforts, necessitating immediate resolution of discrepancies in reported earnings for individuals aged 100 or older.
Finally, the memorandum outlines steps for reviewing the resumption of civil monetary penalties under Section 1129 of the Social Security Act.
This directive, in summary, mandates enhancements in the verification process for eligibility of benefits, cooperation between different departments for prosecuting fraud, and strengthening measures against identity theft and other forms of fraud.
