MEMORANDUM FOR THE ATTORNEY GENERAL
THE SECRETARY OF LABOR
THE SECRETARY OF HEALTH AND HUMAN SERVICES
THE SECRETARY OF HOMELAND SECURITY
THE COMMISSIONER OF SOCIAL SECURITY
THE INSPECTOR GENERAL OF THE SOCIAL SECURITY
ADMINISTRATION
SUBJECT: Preventing Unauthorized Immigrants from Accessing Social Security Benefits
By the authority granted to me as President under the Constitution and the laws of the United States, I hereby issue the following directives:
Section 1. Clarification of Eligibility for Public Benefits. (a) In accordance with Executive Order 14218, established on February 19, 2025 (Ending Taxpayer Subsidization of Open Borders), it is imperative that taxpayer-funded benefits be allocated solely to eligible individuals, thereby discouraging illegal immigration. This principle holds particular importance for Social Security benefits, where vigilant oversight against fraud, waste, and abuse is essential to ensure that future eligible beneficiaries receive their rightful benefits. This memorandum outlines further guidance for enforcing Executive Order 14218 concerning Social Security programs.
(b) The Secretary of Labor, the Secretary of Health and Human Services, and the Commissioner of Social Security, in coordination with the Secretary of Homeland Security as necessary, shall implement all reasonable measures, in line with applicable law, to ensure that ineligible non-citizens do not receive Social Security funds. These measures may include issuing necessary guidance or regulations regarding Social Security funds and, where applicable and lawful, prioritizing civil or administrative enforcement actions against states, localities, or other entities that fail to adequately verify eligibility or prevent fraudulent payments to deceased or otherwise ineligible recipients.
(c) The Attorney General and the Commissioner of Social Security are to work collaboratively to assign and credential Special Assistant United States Attorneys as needed to enhance the Social Security Administration’s (SSA) fraud prosecution initiatives to at least 50 United States Attorney Offices by October 1, 2025. Similarly, the Attorney General and the Secretary of Health and Human Services shall collaborate to establish a fraud-prosecutor initiative utilizing Special Assistant United States Attorneys for programs managed by the Centers for Medicare and Medicaid Services, operational in at least 15 United States Attorney Offices by October 1, 2025. These detailees will particularly focus on prosecuting identity theft and fraud related to beneficiaries. Whenever feasible, the Attorney General and the Secretary of Health and Human Services or the Commissioner of Social Security should prioritize the placement of new detailees in the 10 United States Attorney Offices that oversee jurisdictions with the largest populations of undocumented immigrants, as identified by the Secretary of Homeland Security.
(d) Additionally, the risk of fraud and abuse by unauthorized immigrants in relation to benefits will be mitigated through enhanced program integrity measures.
(i) The Inspector General of the SSA highlighted in a July 2023 audit that millions of records regarding deceased beneficiaries are missing, complicating the efforts to detect fraud and improper payments across federal agencies that rely on SSA data. The Commissioner of Social Security is instructed to fully implement the recommendations contained in the Inspector General’s Audit Report A-06-21-51022. The Secretary of Health and Human Services shall assist in this implementation.
(ii) The aforementioned audit also revealed that the SSA does not investigate reports of earnings for individuals aged 100 or older when death information is not recorded, even if the reported wage-earner’s identity does not align with SSA records, potentially indicating identity theft or other illicit activities. The Commissioner of Social Security shall promptly refer all such earnings reports for individuals aged 100 or older with mismatched names to the Inspector General of the SSA for appropriate investigation and potential referral to the Department of Justice or local prosecutors.
(iii) Lastly, within 60 days of this memorandum, the Commissioner of Social Security will assess whether the SSA should restart pursuing civil monetary penalties under section 1129 of the Social Security Act. If deemed necessary, the Commissioner shall either resume this program immediately or seek regulatory or policy changes to facilitate a timely resumption.
Sec. 2. General Provisions. (a) This memorandum shall not be construed to undermine or otherwise affect:
(i) the authority granted by law to any executive department or agency, or the leadership thereof; or
(ii) the responsibilities of the Director of the Office of Management and Budget regarding budgetary, administrative, or legislative proposals.
(b) Implementation of this memorandum shall be consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, nor does it create, any enforceable rights or benefits, either substantive or procedural, against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other individual.
(d) The Commissioner of Social Security is authorized and directed to publish this memorandum in the Federal Register.
DONALD J. TRUMP
