The White House issued a presidential memorandum on April 15, 2025, titled “Preventing Illegal Aliens from Obtaining Social Security Act Benefits,” introducing stricter measures to ensure taxpayer-funded benefits are reserved for eligible individuals. This directive aligns with federal laws, including the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and emphasizes fraud prevention to protect program integrity.
Key Changes Affecting Social Security Eligibility of Foreign Nationals and Visa Holders
- Enhanced Eligibility Verification: Federal agencies, including the Social Security Administration (SSA) and Department of Homeland Security (DHS), will intensify efforts to verify eligibility for Social Security benefits. States and localities failing to adequately screen applicants risk enforcement actions.
- Fraud Prosecution Expansion: By October 1, 2025, at least 50 U.S. Attorney Offices will prioritize prosecuting identity theft and beneficiary fraud. Jurisdictions with large populations of undocumented individuals will face heightened scrutiny.
- Program Integrity Measures:
- The SSA must resolve gaps in death records to prevent improper payments.
- Earnings reports for individuals aged 100+ with mismatched data will trigger investigations.
- Civil penalties for fraud may resume under Section 1129 of the Social Security Act.
Implications for Visa Holders and Foreign Investors
Lawful immigrants and visa holders are not the target of this directive. However, accidental errors in documentation or lapses in status compliance could lead to unintended consequences. Foreign nationals must:
- Ensure all Social Security applications align with their immigration status.
- Promptly update SSA records for any status changes (e.g., visa renewals, green card approvals).
- Seek legal guidance if flagged for discrepancies.
For personalized advice, schedule a consultation with our attorneys.
Source: The White House Memorandum, April 15, 2025; USCIS and DHS guidelines.
Disclaimer: This article is informational and does not constitute legal advice.
