US Senate News:
Source: United States Senator Alex Padilla (D-Calif.)
Padilla, Colleagues Urge Social Security Administration to Reverse Decision to Maliciously & Illegally List Immigrants as “Dead”
WASHINGTON, D.C. — U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, joined 15 of his Democratic Senate colleagues in condemning and demanding the reversal of the Social Security Administration’s (SSA) recent decision to list certain immigrants as “dead” in the master files.
The Senators highlighted the departure from previous uses of SSA master files, noting that they normally share the files with federal agencies, banks, credit bureaus, or other financial institutions to prevent them from mistakenly paying deceased individuals or fraudsters trying to impersonate them. These files prevent over $50 million in improper payments per month. The death master files are now being weaponized against noncitizens, however, in a malicious attempt to keep them from participating in the U.S. economy.
“These arbitrary actions—intended to weaponize Social Security in the Administration’s attack on immigrants—are disgraceful and will erode the integrity of and trust in Social Security,” wrote the Senators.
“These noncitizens were lawfully present and granted work authorization by the Department of Homeland Security (DHS), making them eligible for Social Security numbers (SSNs) to work and contribute to our nation. SSNs allow noncitizens to participate in the economy by obtaining housing, bank accounts, and insurance. Their work helps to boost the United States’ Gross Domestic Product by trillions of dollars,” continued the Senators. “But now, these noncitizens will no longer have access to their own financial resources because SSA has taken the unprecedented action of declaring them ‘dead’ in a cruel and Orwellian attempt to force them to leave the United States.”
The Senators continued by highlighting incorrect designations of living, legal immigrants as “dead” without a chance to appeal, calling out the Department of Homeland Security for labeling these noncitizens as “criminals” or “suspected criminals” without sufficient investigations, as demonstrated by the erroneous deportation of Kilmar Abrego Garcia. Most of the more than 6,000 noncitizens who were declared “dead” had lawfully received their SSNs and had lawful authorization to be in the country. The Senators further emphasized that SSA lacks the authority to make these false categorizations for living noncitizens.
“Such use of the death master files raises the question of whether SSA may list other living legal immigrants—or even American citizens—as ‘dead’ in the death master files without justification,” added the Senators. “It should frighten every American that SSA could make the unilateral decision to ruin their financial lives without even a chance to appeal.”
The Senators concluded by denouncing misinformation spread by President Trump regarding Social Security, criticizing his baseless claim that people over 300 years old were receiving Social Security benefits. They urged SSA to immediately reverse their cruel, fraudulent mislabeling scheme.
The letter was led by Senate Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, and U.S. Senator Ron Wyden (D-Ore.). In addition to Senator Padilla, the letter was also signed by U.S. Senators Richard Blumenthal (D-Conn.), Cory Booker (D-N.J.), Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawaii), Andy Kim (D-N.J.), Edward J. Markey (D-Mass.), Jack Reed (D-R.I.), Bernie Sanders (I-Vt.), Adam Schiff (D-Calif.), Chris Van Hollen (D-Md.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.).
Senator Padilla has fought against the Trump Administration’s weaponization of migrants’ personal information and files. Senator Padilla, Senate Finance Committee Ranking Member Wyden, Senator Catherine Cortez Masto (D-Nev.), and Senator Warren recently urged the acting Treasury Inspector General for Tax Administration to investigate several reports that the Trump Administration is potentially violating strict taxpayer privacy laws by providing highly sensitive and legally protected taxpayer data to DHS and personnel affiliated with Elon Musk across various federal agencies. Padilla, Cortez Masto, and Wyden previously condemned the Internal Revenue Service’s (IRS) plan to provide sensitive taxpayer information to DHS to locate suspected undocumented immigrants and led a letter to IRS and DHS leadership raising the alarm on reports that DHS and the Department of Government Efficiency had illegally requested this information.
Full text of the letter to SSA Commissioner Frank Bisignano is available here and below:
Dear Commissioner Bisignano: We write to strongly object to the Social Security Administration’s (SSA) apparent decision to list living noncitizens as “dead” in the agency’s master files. These arbitrary actions—intended to weaponize Social Security in the Administration’s attack on immigrants—are disgraceful and will erode the integrity of and trust in Social Security.
SSA collects death records from families, financial institutions, and government agencies and compiles them into death master files, which the agency then shares with certain federal agencies, banks, credit bureaus, and other financial institutions to prevent improper payments to people who have died or those fraudulently seeking to impersonate someone who is deceased. In fact, the death master files help to prevent more than $50 million in improper payments each month. However, it appears that SSA is now using the death master files for another purpose: a weapon against living noncitizens.
In April, the New York Times reported SSA maliciously has listed living noncitizens as “dead” in its death master files. These noncitizens were lawfully present and granted work authorization by the Department of Homeland Security (DHS), making them eligible for Social Security numbers (SSNs) to work and contribute to our nation. SSNs allow noncitizens to participate in the economy by obtaining housing, bank accounts, and insurance. Their work helps to boost the United States’ Gross Domestic Product by trillions of dollars. But now, these noncitizens will no longer have access to their own financial resources because SSA has taken the unprecedented action of declaring them “dead” in a cruel and Orwellian attempt to force them to leave the United States.
According to an internal memo, DHS claims that these noncitizens are “criminals” and “suspected terrorists.” But the proper procedure if a noncitizen is a criminal or a suspected terrorist is to initiate proceedings against them in immigration court, not for the SSA to arbitrarily declare them “dead” without any proof. In addition, DHS, not the SSA, makes determinations as to whether or not a noncitizen is eligible to work and whether to terminate or revoke work authorization. Finally, SSA has procedures the agency follows when it is determined that an individual no longer has work authorization or has lost status, and they do not involve declaring an individual dead. For example, a noncitizen’s Social Security card may state “Valid for work only with DHS authorization” or “Not valid for employment.”
Yet, according to press reports, most of the more than 6,000 noncitizens declared “dead” were lawfully authorized by DHS to be in the United States and lawfully obtained SSNs. They were thoroughly vetted and underwent mandatory security checks before receiving authorization to travel to United States airports, where they then were individually screened by U.S. Customs and Border Patrol officers before being cleared to enter. The New York Times report indicated SSA has listed several minors, including a 13-year-old, as “dead” in the death master files, while the Washington Post reported that SSA workers “found no evidence of crimes or law enforcement interactions” for others. Further, SSA has no authority to erroneously categorize living noncitizens as “dead” in its death master files. Such use of the death master files raises the question of whether SSA may list other living legal immigrants—or even American citizens—as “dead” in the death master files without justification. It should frighten every American that SSA could make the unilateral decision to ruin their financial lives without even a chance to appeal.
In his Joint Address to Congress in March, President Trump claimed there were people over the age of 300 receiving Social Security benefits, simply because some of the death master files lacked a recorded death date. His assertion was not true, and SSA’s actions now are turning this tool to prevent fraud into one that instead facilitates it. We urge SSA not to use the death master files in this manner and to remove noncitizens falsely listed as “dead” from the files.
Sincerely,