- Contrary to popular belief, Social Security benefits are not an absolute right.Roll of dollars in nest image by Mykola Velychko from Fotolia.com
Deportation from the United States means losing many basic legal rights, such as the ability to receive benefit payments through the Social Security Administration. These actions are governed by a 1950s-era law that remains the guiding principle by which the agency operates. Barring readmission to the U.S., the outlook for deportees remains poor, though their dependents may still receive benefits. - 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.
- 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.
- Maintaining residency is a cornerstone of receiving Social Security benefits.passport image by Gudellaphoto from Fotolia.com
Deportation or removal from the United States is among a lengthy list of status changes that must be reported to the Social Security Administration. Benefits will then be halted, and cannot resume until the recipient is lawfully readmitted to the U.S. - 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.
- Working illegally may pose special challenges for collecting Social Security benefits.five years in federal prison for an illegal gun. image by Christopher Martin from Fotolia.com
Even after deportation, some undocumented workers may still be eligible for benefits. However, these workers would have proof that they paid into the system, a requirement difficult or impossible to satisfy for those using false IDs or Social Security numbers.
History
Significance
Status Changes
Dependents' Rights
Considerations
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