Law & Legal & Attorney Immigration Law

Deportation & SSA Benefits

    History

    • Loss of benefits for deportees has been a legal reality since 1954, when Congress made it illegal for deportees to collect them. Congress has reserved this power for itself since the Social Security system started operating in 1936.

    Significance

    • Attempts to overturn the original law were dealt a blow in 1960, when the U.S. Supreme Court upheld denying benefits to Ephram Nestor, a Bulgarian immigrant deported for Communist Party membership. The court found that no legal right to benefits existed, and upheld Congress's power to alter them as it wished.

    Status Changes

    Dependents' Rights

    • Losing a family member through deportation doesn't affect the rights of dependents to receive benefits, as long as they spend an entire month inside the United States. If they spend any time out of the U.S., then they cannot claim benefits, according to the Social Security Administration.

    Considerations

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