Q: How can illegal immigrants get Social Security? They don't pay taxes! Show A: That’s a common misconception. According to estimates from the Social Security Administration’s Chief Actuary, three-quarters of “other-than-legal” immigrants have payroll taxes withheld. Q: How can payroll taxes be withheld if illegals don’t have a Social Security number? A: Immigration law forbids working in this country without legal authorization and a Social Security Number (SSN). Yet millions of “undocumented” immigrant workers are earning income. Illegals often get jobs by using illegally obtained, forged, or invalid Social Security numbers. Employers in turn withhold payroll taxes and report the earnings to the Social Security Administration (SSA) using those numbers. When the numbers don’t match up with the numbers issued by SSA, they go into a special file called the “Earnings Suspense File.” Valid numbers issued from the U.S. government are also misused. Q: What numbers are those? A: Federal law requires noncitizens who earn income in the U.S. to file tax returns. In order for a person who isn’t eligible for an SSN to do this, the Internal Revenue Service provides an Individual Taxpayer Identification Number (ITIN) to facilitate the filing of tax returns. The number looks very similar to an SSN, having nine digits. Although that number does not authorize the number holder to work, undocumented workers use them to get jobs. More than 7.8 million ITINs were issued between 2005 and 2010. The Social Security Administration (SSA) itself is another major source of abused numbers. Between 1974 and 2003 the SSA issued 7 million “non-work” SSNs. The cards are clearly printed NOT VALID FOR EMPLOYMENT and they do not authorize noncitizen number holders to work. Audits by the Social Security Inspector General have found these numbers are widely misused by illegal workers. Q: How do they claim benefits if the law prohibits illegals from collecting? A: There are several ways it happens. One has to do with the type of SSN that was used for employment. The 2004 law requires work authorization in order to claim Social Security. But the law pertains only to individuals who received their SSN after January 1, 2004. If the individual was issued an SSN prior to January 1, 2004, like the 7 million non-work SSNs issued prior to 2003, the 2004 law prohibiting payment of Social Security does not apply. According to the Congressional Research Service and the Government Accountability Office, that group does not need to have ever received legal work authorization in order to claim benefits — they may have worked illegally their entire careers. As long as all other qualifications are met, and they have evidence of their earnings, like W2s, they may file a claim for Social Security benefits. Others who receive an SSN after 2004 must have work authorization to claim benefits. Yet even people who worked illegally for many years sometimes later change status. That can occur even without an amnesty, especially if the illegals have children who were born in this country. Because the children are born as U.S. citizens, when they become adults they can sponsor their parents to stay in the U.S. legally and to receive work authorization. If their parents kept W2s and evidence earnings, those work credits will be re-instated to their new SSNs. Once they receive work authorization, noncitizens can later file a claim for Social Security benefits. Currently the SSA uses all earnings to determine entitlement to benefits, including the earnings for jobs worked illegally. The majority of seniors responding to TSCL surveys on the topic believe that noncitizens should not be allowed to receive Social Security based on illegal work. TSCL agrees. Social Security benefits are determined on earnings and work history, regardless of whether taxes were paid or not. Because those earnings are held by Social Security in an Earnings Suspense file, non-citizens could at some point gain access to benefits based on illegal earnings. TSCL strongly supports legislation that would ban the payment of Social Security based on unauthorized work. Sources: Statement of Martin H. Gerry, Social Security Administration, Before Subcommittee on Social Security of the House Committee on Ways and Means, March 2, 2006. Individuals Who Are Not Authorized To Work In The United States Were Paid $4.2 Billion In Refundable Credits, Treasury Inspector General For Tax Administration, July 7, 2011, 2011-41-061. “Social Security Benefits For Noncitizens,” Congressional Research Service, July 20, 2006, RL32004.
The claim: 'Officials are giving Social Security numbers to illegal aliens at the US border'Former CBS News journalist Lara Logan – once a war correspondent and prominent part of the "60 Minutes" program – faced public scrutiny after her factually inaccurate story on the 2012 Benghazi attack, which was a planned attack on U.S. government facilities in Libya. As detailed in a New York Times story, Logan ultimately left the network for a brief stint as a Fox Nation host, where she made derogatory comments against public health officials. After that, Logan increasingly appeared on right-wing podcasts and at conservative rallies, spreading conspiracy theories about elections and COVID-19, the Times reported. At one such July 30 political event in Tempe, Arizona, Logan claimed undocumented immigrants are being handed Social Security numbers at the border. “Now, when people come across the border illegally – and I have this confirmed from Border Patrol agents who are actually physically doing this – they get given a Social Security number," Logan said at the event. "They get assigned a Social Security number when they cross.” Her claim was shared to Instagram on Aug. 3 by Chuck Callesto, a former candidate for Florida's 3rd Congressional District. "BREAKING REPORT: Investigative Journalist Lara Logan Drops Bomb, says Officials are Giving Social Security Numbers to Illegal Aliens at the US Border," reads the post, which is a picture of a tweet from Callesto. The post was viewed more than 17,000 times in less than a week. A clip of Logan at the event making the claim spread to several websites, including Gateway Pundit. Similar posts have amassed hundreds of interactions on Facebook and Twitter. But the claim is baseless. U.S. Border Patrol agents are not permitted to hand out Social Security numbers to immigrants at the border, a spokesperson for the federal agency told USA TODAY. Immigration experts said noncitizens typically receive Social Security numbers only by completing a lengthy Department of Homeland Security process authorizing them to work. Follow us on Facebook! Like our page to get updates throughout the day on our latest debunks USA TODAY reached out to Logan and the social media users who shared the claim for comment. Immigrants are not receiving Social Security numbers at the borderThe Border Patrol "does not possess the capability or authority to issue Social Security numbers, and therefore does not issue Social Security numbers to non-citizens who crossed the border," Rhonda Lawson, a public affairs specialist for the U.S. Customs and Border Protection Agency, which includes the Border Patrol, told USA TODAY in an emailed statement. Instead, she said agents typically give those crossing the border an alien registration number, which is used to track cases through the U.S. immigration system. Nicole Tiggemann, a Social Security Administration spokesperson, also confirmed in an email that the agency does not issue Social Security numbers at border crossing stations. The Social Security Administration is not even involved at the border and would "certainly not issue numbers to those crossing without any application or showing of eligibility," Denise Gilman, director of the Immigration Clinic at the University of Texas at Austin, told USA TODAY in an email. "A Social Security number is generally available only to those who are authorized to work, because it allows them to have deductions taken and to pay taxes," Gilman said. Fact check: The government subsidizes solar panels, but not by sending $8,400 checks The Department of Homeland Security gives work authorization to noncitizens, according to the Social Security Administration. Individuals can then qualify for a Social Security number only in very limited circumstances, Evelyn Cruz, clinical professor of law at Arizona State University, told USA TODAY in an email. "To name a few that do not qualify – foreign students unless given special permission, undocumented parents of U.S. citizens, undocumented spouses of U.S. citizens – including those married to members of the military," Cruz said. Gilman also said that prior to receiving this authorization, most noncitizens must apply for asylum, which involves a form of protection in the United States on the grounds that the person fears persecution because of race, religion or other factors. "Work authorization is not available just for crossing into the U.S.," Gilman said. Fact check: Archives agency transferred 30 million unclassified Obama records to Chicago Someone applying for asylum, and therefore entering with permission, may eventually qualify for a Social Security number if the case is taking a long time, typically several months, Cruz said. But getting work authorization to qualify for a number is a long process too. "There is also a backlog of work authorization applications," Cruz said. "(Work authorization) cards are taking six months to a year to arrive – so there is no way they can get the work authorization card as they are entering the country." Social Security numbers are typically used to report a person's salary to the government or determine whether someone can be granted Social Security benefits, according to the Social Security Administration. They are not an indicator of immigration status and do not provide benefits of citizenship such as the right to vote, Gilman said. Our rating: FalseBased on our research, we rate FALSE the claim that "officials are giving Social Security numbers to illegal aliens at the U.S. border." Border Patrol agents are not permitted to hand out Social Security numbers to immigrants at the border. Immigration experts said noncitizens typically receive Social Security numbers if they are authorized to work by the Department of Homeland Security, but the process usually takes months and doesn't happen at the border. 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How do illegal immigrants get a social security number
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