HR174-119

1. Short title This Act may be cited as the Consequences for Social Security Fraud Act.

2. Inadmissibility and deportability related to Social Security fraud or identification document fraud Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following: Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a covered COVID offense, an offense under section 208 of the Social Security Act (42 U.S.C. 408) (relating to social security account numbers or social security cards), an offense under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information), or a conspiracy to commit such an offense, is inadmissible. For purposes of this subparagraph, the term covered COVID offense means an offense of fraud pertaining to— a loan made under— paragraph (36) or (37) of subsection (a) of section 7 of the Small Business Act (15 U.S.C. 636); or subsection (b) of such section in response to the COVID–19 pandemic; or a grant made under— section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c); or section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (15 U.S.C. 9009a). Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: Any alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a covered COVID offense (as such term is defined in section 212(a)(2)(J)(ii)), an offense under section 208 of the Social Security Act (42 U.S.C. 408) (relating to social security account numbers or social security cards), an offense under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information), or a conspiracy to commit such an offense, is deportable. (J)Social Security fraud or identification document fraud(i)In generalAny alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a covered COVID offense, an offense under section 208 of the Social Security Act (42 U.S.C. 408) (relating to social security account numbers or social security cards), an offense under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information), or a conspiracy to commit such an offense, is inadmissible.(ii)Covered COVID offenseFor purposes of this subparagraph, the term covered COVID offense means an offense of fraud pertaining to—(I)a loan made under—(aa)paragraph (36) or (37) of subsection (a) of section 7 of the Small Business Act (15 U.S.C. 636); or (bb)subsection (b) of such section in response to the COVID–19 pandemic; or(II)a grant made under—(aa)section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c); or (bb)section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (15 U.S.C. 9009a).. (G)Social Security fraud or identification document fraudAny alien who has been convicted of, who admits having committed, or who admits committing acts which constitute the essential elements of a covered COVID offense (as such term is defined in section 212(a)(2)(J)(ii)), an offense under section 208 of the Social Security Act (42 U.S.C. 408) (relating to social security account numbers or social security cards), an offense under section 1028 of title 18, United States Code (relating to fraud and related activity in connection with identification documents, authentication features, and information), or a conspiracy to commit such an offense, is deportable. .