January 3, 2025
Mr. McClintock (for himself, Mr. Wilson of South Carolina, Ms. Tenney, Mrs. Wagner, Mr. Edwards, Mrs. Houchin, Mr. Hunt, and Mr. Crank) introduced the following bill; which was referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to provide that aliens who have been convicted of or who have committed Social Security fraud are inadmissible and deportable.
Section 1. Short title
This Act may be cited as the Consequences for Social Security Fraud Act
.
Sec. 2. Inadmissibility and deportability related to Social Security fraud or identification document fraud
(a) Inadmissibility
Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:
(J) Social Security fraud or identification document fraud
(i) In general
Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a covered COVID offense, an offense under section 208 of the Social Security Act (42 U.S.C. 408) (relating to social security account numbers or social security cards), an offense under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information), or a conspiracy to commit such an offense, is inadmissible.
(ii) Covered COVID offense
For purposes of this subparagraph, the term
covered COVID offensemeans an offense of fraud pertaining to—(I)
a loan made under—
(aa)
paragraph (36) or (37) of subsection (a) of section 7 of the Small Business Act (15 U.S.C. 636); or
(bb)
subsection (b) of such section in response to the COVID–19 pandemic; or
(II)
a grant made under—
(aa)
section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c); or
(bb)
section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (15 U.S.C. 9009a).
(b) Deportability
Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:
(G) Social Security fraud or identification document fraud
Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a covered COVID offense (as such term is defined in section 212(a)(2)(J)(ii)), an offense under section 208 of the Social Security Act (42 U.S.C. 408) (relating to social security account numbers or social security cards), an offense under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information), or a conspiracy to commit such an offense, is deportable.