Consequences for Social Security Fraud Act

Floor Speech

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Ms. JAYAPAL. Mr. Speaker, I rise in strong opposition to H.R. 6678. Instead of putting forward real solutions to fix the immigration system, my Republican colleagues are once again looking for a way to scapegoat and fearmonger about immigrants.

We have had no hearing or testimony in the Judiciary Committee this Congress where Social Security fraud amongst immigrants has been identified as a problem that even needs fixing. What we did hear instead was about how immigrants are engines of growth for this country and how they often pay billions into Social Security, even though they are not eligible for benefits from the program. We discussed how in 2019 alone, undocumented Mexican workers contributed $14.5 billion to Social Security and Medicare through the taxes taken out of their paychecks.

Despite these facts, my Republican colleagues have put forth a bill that is a dangerous solution in search of a problem. Under current law, Social Security fraud already makes a person deportable, but we require a conviction. This bill sets a dangerous precedent by allowing a person to be deported with absolutely no due process whatsoever.

Let me start by going through how this bill is not needed. Under the Immigration and Nationality Act, one of the many ways that someone can become deportable is if they are convicted of something called a crime involving moral turpitude for which a sentence of 1 year or longer may be imposed. The Social Security-related offenses in this bill carry maximum penalties between 1 and 30 years, which clearly meet the 1-year minimum required for deportability.

Likewise, the offense of falsely making, forging, counterfeiting, or altering a document that can be used as evidence of authorized stay or employment in the United States is specifically defined as aggravated felony if the crime carries a sentence of 1 year or more. Conviction for an aggravated felony makes a person deportable. None of these facts seem to matter to the authors of this bill, my Republican colleagues.

H.R. 6678, however, sets a very difficult and dangerous precedent by eliminating the requirement that we first charge and convict a person for Social Security fraud before deporting them. This is not consistent with current immigration law, and most importantly, it violates the bedrock principles of fairness, due process, and the rule of law.

Now, my Republican colleagues seem to say that they don't care about due process for all people, but we do.

By not requiring a conviction, H.R. 6678 would vastly expand the ways in which a green card holder could become deportable, and it would lead to serious unintended consequences. With minor exceptions, the criminal grounds for deportation under the INA require a conviction to make a noncitizen deportable. That is just basic fairness.

Can you imagine a world in which you can simply be ejected from the country that you have lived in for decades without ever being convicted of a crime or separated from your family without ever being charged? That is not who we are as a country.

Due process needs to apply to everyone. We are better than this.

I hope my Republican colleagues will realize how absurd and shortsighted this bill is and will instead get to work with us on finding real solutions to fix our immigration system instead of constantly targeting immigrants through xenophobia, racism, and fear.

I urge all Members to vote ``no'' on H.R. 6678.

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