Despite a provision in the bill that would prevent individuals who performed illegal work and then obtained a Social Security number after 2007 from receiving credit for Social Security taxes paid in previous years, the legislation, according to the League, does nothing to prevent aliens who illegally obtained "non-work" Social Security numbers prior to 2004 from claiming benefits.
Between 1974 and 2003, the Social Security Administration issued more than seven million "non-work" Social Security numbers, which entitled some foreign nationals – some of whom were illegal aliens – to services such as Medicaid and food stamps, says Mary Johnson, Social Security and Medicare policy analyst for the League.
According to the League, the majority of non-work Social Security numbers were issued during an era of less restrictive immigration policy; in some cases, aliens didn't need proof of citizenship to receive a number. Despite their "non-work" status, the League maintains that millions performed unlawful work, and under the Senate legislation currently being considered, this group would be eligible for Social Security benefits.
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