Preventing Illegal Aliens from Obtaining Social Security Act Benefits

4/15/2025

Presidential Memoranda

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Action Summary

Objective: Prevent illegal aliens from obtaining benefits under the Social Security Act, reinforcing Executive Order 14218 and proper administration of taxpayer-funded programs.
Eligibility Verification:
- The Secretary of Labor, Secretary of Health and Human Services, and Commissioner of Social Security must work (with the Secretary of Homeland Security as needed) to ensure ineligible aliens do not receive Social Security Act funds.
- Agencies are directed to issue guidance and, where appropriate, to enforce measures (civil or administrative) against entities failing to verify eligibility or prevent fraud.
Fraud Prevention Initiatives:
- Expand the SSA’s fraud prosecutor program to at least 50 U.S. Attorney Offices by October 1, 2025, in coordination with the Attorney General and SSA Commissioner.
- Establish a similar program for Medicare and Medicaid services in at least 15 U.S. Attorney Offices, focusing on identity theft and beneficiary-side fraud.
- Prioritize assignments to offices in jurisdictions with the largest known populations of illegal aliens, as determined by the Secretary of Homeland Security.
Program Integrity Measures:
- Implement recommendations from the Inspector General’s Audit Report (A-06-21-51022) regarding missing death information to prevent fraud and improper payments.
- Promptly refer earnings reports for individuals aged 100 or older with mismatched SSA records for investigation of possible identity theft, illegal work, or tax evasion.
- Review within 60 days whether to resume pursuing civil monetary penalties under section 1129 of the Social Security Act.
General Provisions:
- Actions are to be implemented consistent with applicable law, without impairing powers of executive departments or OMB functions.
- The memorandum does not create any enforceable rights or benefits for any party against the United States or its entities.
- The Commissioner of Social Security is authorized to publish the memorandum in the Federal Register.

Risks & Considerations

The memorandum emphasizes strict enforcement of eligibility for Social Security Act benefits, which could lead to increased scrutiny and administrative burdens for institutions involved in verifying eligibility. This may require additional resources and training for staff to ensure compliance with new regulations.
There is a potential risk of increased legal and administrative challenges for Vanderbilt University if it is involved in any programs or partnerships that could be affected by these changes, particularly if there are discrepancies in eligibility verification processes.
The focus on preventing fraud and abuse may lead to heightened enforcement actions, which could impact any research or community programs at Vanderbilt that rely on federal funding related to Social Security Act programs.
Vanderbilt University may need to consider the implications of these changes on its student body, particularly for students who may be affected by stricter eligibility requirements for federal benefits.

Impacted Programs

Vanderbilt’s Financial Aid Office might need to reassess its processes for verifying student eligibility for federal benefits, ensuring compliance with the new directives.
The Office of Community Engagement could be impacted if community programs are affected by changes in federal funding or eligibility requirements, necessitating adjustments in program delivery and support.
Research programs at Vanderbilt that involve federal funding related to Social Security Act benefits may need to review their compliance and reporting procedures to align with the new enforcement priorities.

Financial Impact

The increased focus on fraud prevention and eligibility verification could lead to changes in the availability of federal funds for programs that Vanderbilt University participates in, potentially affecting budget allocations and financial planning.
There may be a need for additional investment in compliance and administrative resources to ensure adherence to the new regulations, impacting operational budgets.
Vanderbilt University might experience changes in funding opportunities, particularly if federal grants prioritize programs with stringent eligibility verification processes.

Relevance Score: 3 (The memorandum presents moderate risks involving compliance and potential administrative challenges.)

Key Actions

Vanderbilt’s Office of Federal Relations should monitor developments related to the enforcement of Social Security Act benefits to ensure compliance with new regulations and guidance. This will be crucial in understanding how these changes might impact the university’s operations, particularly in areas related to student and employee benefits.
The Department of Political Science should conduct research on the broader societal impacts of restricting Social Security benefits to illegal aliens. This research can provide valuable insights into how these policies affect social equity, community dynamics, and long-term economic outcomes. Sharing these findings with policymakers and the public can enhance Vanderbilt’s role as a thought leader in social policy.
Vanderbilt’s Legal Department should review the implications of the memorandum on university policies and procedures, particularly those related to employment and benefits. Ensuring that the university’s practices align with federal regulations will be essential to mitigate legal risks.
The Center for Medicine, Health, and Society should explore the health implications of the memorandum, particularly how changes in Social Security benefits might affect access to healthcare for vulnerable populations. This could lead to new research opportunities and partnerships focused on health equity.

Opportunities

The memorandum presents an opportunity for Vanderbilt’s School of Law to engage in policy analysis and advocacy regarding the legal and ethical implications of restricting Social Security benefits. By providing evidence-based recommendations, the school can influence how these policies are implemented and ensure they align with principles of justice and equity.
Vanderbilt can capitalize on the increased focus on fraud prevention by developing new programs and partnerships with government agencies. This could include joint research initiatives, training programs, and collaborative policy development, enhancing Vanderbilt’s reputation and reach in the public policy sector.
The emphasis on preventing fraud and abuse offers an opportunity for Vanderbilt’s Data Science Institute to engage in research and development of advanced analytics and machine learning models to detect and prevent fraudulent activities. This could lead to new funding opportunities and collaborations with federal agencies.

Relevance Score: 3 (The memorandum requires some adjustments to processes or procedures related to compliance and research opportunities.)

Average Relevance Score: 3.4

Timeline for Implementation

October 1, 2025: The expansion of the SSA fraud prosecutor program (to at least 50 U.S. Attorney Offices) and the establishment of a similar program for CMS (in at least 15 U.S. Attorney Offices) must be completed.
Within 60 days of the memorandum date: The Commissioner of Social Security is to review whether and under what conditions to resume pursuing civil monetary penalties under section 1129 of the Social Security Act.

Relevance Score: 3

Impacted Government Organizations

Department of Justice (DOJ) – Attorney General: Charged with overseeing fraud prosecutions and coordinating the deployment of Special Assistant United States Attorneys in both Social Security Administration and Centers for Medicare and Medicaid Services programs.
Department of Labor – Secretary of Labor: Tasked with ensuring that eligibility determinations for Social Security Act benefits are strictly enforced to prevent payments to ineligible aliens.
Department of Health and Human Services (HHS) – Secretary of Health and Human Services: Responsible for working in tandem with the Attorney General and Social Security Administration to implement fraud-protection measures and expand fraud-prosecutor activities in CMS-administered programs.
Department of Homeland Security (DHS) – Secretary of Homeland Security: Expected to provide consultative input regarding eligibility issues, particularly in areas with high populations of illegal aliens.
Social Security Administration (SSA): Including the Commissioner of Social Security and the Inspector General of SSA, who are directed to implement measures to prevent fraud, manage benefits eligibility, and act on audit recommendations.
Centers for Medicare and Medicaid Services (CMS): Although part of HHS, CMS is specifically targeted for the establishment of a dedicated fraud-prosecutor program to curb beneficiary-side fraud.

Relevance Score: 3 (Six key Federal Agencies are directly impacted by the directives in the memorandum.)

Responsible Officials

Attorney General – Responsible for cooperating with the Commissioner of Social Security and the Secretary of Health and Human Services to establish and credential Special Assistant U.S. Attorneys, and for coordinating the expansion of the fraud prosecutor programs.
Secretary of Labor – Tasked with implementing measures to ensure that ineligible aliens do not receive funds from Social Security Act programs.
Secretary of Health and Human Services – Charged with working alongside the Commissioner of Social Security and the Attorney General in expanding fraud prosecution efforts and ensuring program integrity in Social Security Act benefits.
Secretary of Homeland Security – Consulted as necessary to determine jurisdictional priorities based on the known populations of illegal aliens.
Commissioner of Social Security – Required to implement multiple directives, including ensuring compliance with benefit eligibility, coordinating with other officials, implementing Inspector General recommendations, and reviewing the resumption of civil monetary penalties under Section 1129 of the Social Security Act.
Inspector General of the Social Security Administration – Responsible for investigating reports of discrepancies and fraud related to Social Security payments, and for referring such matters to relevant authorities.

Relevance Score: 5 (Directives affect multiple Cabinet-level officials and agency heads with significant policy and operational responsibilities.)