H.R.1172 - No Social Security for Illegal Aliens Act of 2025 (119th Congress)
Summary
H.R.1172, the "No Social Security for Illegal Aliens Act of 2025," aims to amend Title II of the Social Security Act. The bill seeks to exclude wages earned and self-employment income derived from unauthorized work by non-citizens in the United States from being considered as creditable for Social Security benefits. This would apply to wages earned both before, on, and after the enactment of the Act.
Expected Effects
The primary effect of this bill, if enacted, would be to prevent non-citizens who are not authorized to work in the U.S. from accruing Social Security benefits based on income earned during their unauthorized employment. This could lead to a reduction in overall Social Security payouts. It would also require the Commissioner of Social Security to recompute primary insurance amounts to reflect these changes, affecting benefits for months after the enactment date.
Potential Benefits
- Potential reduction in Social Security payouts, leading to long-term cost savings for the Social Security system.
- Reinforcement of the principle that Social Security benefits should primarily accrue to those legally authorized to work in the U.S.
- May deter unauthorized employment by removing a potential incentive (Social Security credits).
- Could free up resources within the Social Security Administration by reducing the need to process and track earnings for unauthorized workers.
- May be seen as a step towards ensuring fairness and equity in the distribution of Social Security benefits.
Most Benefited Areas:
Potential Disadvantages
- Could create administrative challenges in determining which wages and self-employment income are ineligible for Social Security credits.
- May face legal challenges based on equal protection or other constitutional grounds.
- Could negatively impact certain industries that rely on unauthorized labor, potentially leading to economic disruptions.
- May be perceived as discriminatory or unfair to non-citizens who have contributed to the U.S. economy through their labor.
- Could lead to increased poverty among elderly non-citizens who are not eligible for Social Security benefits.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality could be debated under the Equal Protection Clause of the Fourteenth Amendment, which prohibits states (and by extension, the federal government through the Fifth Amendment's Due Process Clause) from denying any person within its jurisdiction the equal protection of the laws. However, Congress has broad authority over immigration and Social Security matters. The bill does not appear to infringe on any specific enumerated rights, such as those protected by the First Amendment. Article I, Section 8 grants Congress the power to lay and collect taxes and provide for the general welfare, which could be argued as supporting this type of legislation.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).