WASHINGTON, DC – U.S. Senator Mazie K. Hirono (D-HI) joined Senators Dick Durbin (D-IL), Ron Wyden (D-OR), and 13 colleagues in sending a letter to Social Security Administration (SSA) Commissioner Frank Bisignano, condemning and urging reversal of the Social Security Administration’s recent decision to list certain immigrants as “dead” in the master files.
The Senators began the letter by condemning the decision, objecting against the SSA’s decision to list living noncitizens as ‘dead’ in their files, stating that these actions are intended to “weaponize Social Security in the Administration’s attack on immigrants” and are not only disgraceful, but will “erode the integrity of and trust in Social Security.”
The lawmakers then highlighted the departure from previous uses of SSA master files, writing: “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.”
The Senators further elaborated on the reported malicious intent of this designation, explaining that these noncitizens listed as ‘dead’ were lawfully present and granted work authorization by the Department of Homeland Security (DHS), making them eligible for Social Security numbers (SSNs) to work in the United States. As a result of SSA listing these noncitizens as ‘dead’ however, they will no longer have access to their own financial resources.
The Senators continued by highlighting incorrect designations of living, legal immigrants as “dead” without a chance to appeal, writing that DHS has made claims that these noncitizens are ‘criminals’ or ‘suspected terrorists,’ while the administration has not conducted sufficient administrative checks to ensure this is true—apparent in the case of Kilmar Abrego Garcia, who was mistakenly deported to El Salvador. According to press reports, most of the more than 6,000 noncitizens declared ‘dead’ were legally authorized to be in the United States and had legally obtained SSNs.
“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,” the lawmakers wrote. “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 and urging reversal of SSA’s decision, writing: “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.”
In addition to Senators Hirono, Durbin, and Wyden, the letter was signed by Senators Cory Booker (D-NJ), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Andy Kim (D-NJ), Ed Markey (D-MA), Alex Padilla (D-CA), Jack Reed (D-RI), Bernie Sanders (I-VT), Adam Schiff (D-CA), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Sheldon Whitehouse (D-RI).
The full text of the letter 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,14 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,
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