8 U.S.C. § 1601 (ALIENS AND NATIONALITY)
§ 1601. Statements of national policy concerning welfare and immigration
The Congress makes the following statements concerning national policy with respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United States immigration law since this country’s earliest immigration statutes.
(2) It continues to be the immigration policy of the United States that—
(A) aliens within the Nation’s borders not depend on public resources to meet their needs, but rather rely on their own capabilities and the resources of their families, their sponsors, and private organizations, and
(B) the availability of public benefits not constitute an incentive for immigration to the United States.
(3) Despite the principle of self-sufficiency, aliens have been applying for and receiving public benefits from Federal, State, and local governments at increasing rates.
(4) Current eligibility rules for public assistance and unenforceable financial support agreements have proved wholly incapable of assuring that individual aliens not burden the public benefits system.
(5) It is a compelling government interest to enact new rules for eligibility and sponsorship agreements in order to assure that aliens be self-reliant in accordance with national immigration policy.
(6) It is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.
(7) With respect to the State authority to make determinations concerning the eligibility of qualified aliens for public benefits in this chapter, a State that chooses to follow the Federal classification in determining the eligibility of such aliens for public assistance shall be considered to have chosen the least restrictive means available for achieving the compelling governmental interest of assuring that aliens be self-reliant in accordance with national immigration policy.
(Pub. L. 104–193, title IV, § 400, Aug. 22, 1996, 110 Stat. 2260.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in par. (7), was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title of 2008 Amendment
text: Pub. L. 110–328, § 1, Sept. 30, 2008, 122 Stat. 3567, provided that: “This Act [amending section 1612 of this title and sections 3304, 6103, and 6402 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 3304 of Title 26] may be cited as the ‘SSI Extension for Elderly and Disabled Refugees Act’.”
heading: Executive Documents
heading: Ex. Ord. No. 14218. Ending Taxpayer Subsidization of Open Borders
text: Ex. Ord. No. 14218, Feb. 19, 2025, 90 F.R. 10581, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. The plain text of Federal law, including the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) (PRWORA) [see Tables for classification], generally prohibits illegal aliens from obtaining most taxpayer-funded benefits. Title IV of the PRWORA states that it is national policy that “aliens within the Nation’s borders not depend on public resources to meet their needs,” [8 U.S.C. 1601(2)(A)] and that “[i]t is a compelling government interest to remove the incentive for illegal immigration provided by the availability of public benefits.” [8 U.S.C. 1601(6)] But in the decades since the passage of the PRWORA, numerous administrations have acted to undermine the principles and limitations directed by the Congress through that law. Over the last 4 years, in particular, the prior administration repeatedly undercut the goals of that law, resulting in the improper expenditure of significant taxpayer resources. My Administration will uphold the rule of law, defend against the waste of hard-earned taxpayer resources, and protect benefits for American citizens in need, including individuals with disabilities and veterans.
Sec. 2. Preserving Federal Public Benefits. (a) To prevent taxpayer resources from acting as a magnet and fueling illegal immigration to the United States, and to ensure, to the maximum extent permitted by law, that no taxpayer-funded benefits go to unqualified aliens, the head of each executive department or agency (agency) shall:
(i) identify all federally funded programs administered by the agency that currently permit illegal aliens to obtain any cash or non-cash public benefit, and, consistent with applicable law, take all appropriate actions to align such programs with the purposes of this order and the requirements of applicable Federal law, including the PRWORA;
(ii) ensure, consistent with applicable law, that Federal payments to States and localities do not, by design or effect, facilitate the subsidization or promotion of illegal immigration, or abet so-called “sanctuary” policies that seek to shield illegal aliens from deportation; and
(iii) enhance eligibility verification systems, to the maximum extent possible, to ensure that taxpayer-funded benefits exclude any ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States.
(b) Within 30 days of the date of this order [Feb. 19, 2025], the Director of the Office of Management and Budget and the Administrator of the United States DOGE Service, in coordination with the Assistant to the President for Domestic Policy, shall further:
(i) identify all other sources of Federal funding for illegal aliens; and
(ii) recommend additional agency actions to align Federal spending with the purposes of this order, and, where relevant, enhance eligibility verification systems.
(c) Agencies shall refer any improper receipt or use of Federal benefits to the Department of Justice and the Department of Homeland Security for appropriate action.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
heading: Preventing Illegal Aliens From Obtaining Social Security Act Benefits
text: Memorandum of President of the United States, Apr. 15, 2025, 90 F.R. 16451, provided:
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[, and] the Inspector General of the Social Security Administration
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct:
Section 1. Responsibility for Determining Eligibility for Public Benefits. (a) As set forth in Executive Order 14218 of February 19, 2025 (Ending Taxpayer Subsidization of Open Borders) [8 U.S.C. 1601 note], both Federal law (title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104–193) [see Tables for classification]) and principles of sound administration demand that taxpayer-funded benefits be provided only to eligible persons and not encourage or reward illegal immigration to the United States. This interest is especially compelling with respect to Social Security Act [42 U.S.C. 301 et seq.] benefits, which demand strict policing of fraud, waste, and abuse to ensure future eligible individuals receive the benefits to which they are entitled. Consequently, this memorandum gives additional direction for implementing Executive Order 14218 with regard to Social Security Act programs.
(b) The Secretary of Labor, the Secretary of Health and Human Services, and the Commissioner of Social Security, in consultation with the Secretary of Homeland Security as necessary, shall take all reasonable measures, consistent with applicable law, to ensure ineligible aliens are not receiving funds from Social Security Act programs. Such measures shall include promulgating any necessary guidance or regulations regarding Social Security Act funds and, to the extent appropriate and consistent with law, prioritizing civil or administrative enforcement actions against States, localities, or other similar grantees or subgrantees that do not take adequate measures to verify eligibility, stop payments to deceased or otherwise ineligible payees, or otherwise prevent ineligible aliens from receiving funds from Social Security Act programs.
(c) The Attorney General and the Commissioner of Social Security shall cooperate to detail and credential such Special Assistant United States Attorneys as are necessary to expand the Social Security Administration’s (SSA) full-time fraud prosecutor program to at least 50 United States Attorney Offices by October 1, 2025. Likewise, the Attorney General and the Secretary of Health and Human Services shall cooperate to establish a similar fraud-prosecutor program utilizing Special Assistant United States Attorneys with regard to programs administered by the Centers for Medicare and Medicaid Services, which shall operate in at least 15 United States Attorney Offices by October 1, 2025. Detailees in both programs shall emphasize prosecutions of identity theft and beneficiary-side fraud. To the extent feasible, the Attorney General and the Secretary of Health and Human Services or the Commissioner of Social Security, as applicable, shall prioritize assigning new detailees in both programs to the 10 United States Attorney Offices whose jurisdictions encompass the largest known populations of illegal aliens, as determined by the Secretary of Homeland Security.
(d) The risk of beneficiary- or recipient-side fraud and abuse by illegal aliens shall also be reduced through other program-integrity measures.
(i) The Inspector General of the SSA noted in a July 2023 audit that death information regarding millions of deceased number holders is missing from the agency’s files, which obstructs efforts to prevent and detect fraud and improper payments across the Government with respect to executive departments and agencies that rely on SSA’s information. The Commissioner of Social Security shall fully implement the recommendations in the Inspector General of the SSA’s Audit Report A-06-21-51022. The Secretary of Health and Human Services shall cooperate fully with such implementation.
(ii) The same audit report revealed that the SSA does not investigate or attempt to resolve reports of earnings received by individuals age 100 or older if the SSA has not recorded death information for such individuals, even when the reported wage-earner does not match the name or other personally identifiable information in SSA records, which may indicate identity theft, illegal work, tax evasion, or other unlawful activity. The Commissioner of Social Security shall refer promptly to the Inspector General of the SSA all earnings reports for persons age 100 or older when the purported wage-earner’s name does not match SSA’s files. The Inspector General of the SSA shall investigate such matters as appropriate and refer matters to the Department of Justice, other executive departments and agencies, or local prosecutors as warranted.
(iii) Finally, within 60 days of the date of this memorandum [Apr. 15, 2025], the Commissioner of Social Security shall review whether, and under what conditions, SSA should resume pursuing civil monetary penalties under section 1129 of the Social Security Act [42 U.S.C. 1320a–8]. If the Commissioner of Social Security determines that resumption is warranted, he shall either resume such program immediately or pursue regulatory or policy changes that would allow its resumption in a timely manner.
Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Commissioner of Social Security is authorized and directed to publish this memorandum in the Federal Register.
Donald J. Trump.