Lawmakers Urge White House to Ensure That Illegal Aliens Do Not Receive Payments

By R.J. Hauman | FAIR Take | April 2020

Reps. Ken Buck (R-Colo.), Andy Biggs (R-Ariz.), and 38 other Republican lawmakers sent a letter to President Trump earlier this week encouraging the government not to send $1,200 recovery rebate payments to illegal aliens.

While the coronavirus stimulus contained a provision requiring a Social Security number (SSN) in order to receive payments, there is no guarantee that they will not go to illegal aliens, considering many use stolen SSNs.

The letter identified several areas of concern that may allow illegal aliens to collect benefits:

“Specifically, Section 6428(d) of the CARES Act states “nonresident aliens” are not “eligible individuals” to receive these rebates. However, in practice the Internal Revenue Service (IRS) uses the “substantial presence test” to determine residency for tax purposes. Under this IRS test, an individual is deemed a resident if he or she is physically present in the United States for at least 31 days during the current year and has been present for at least 183 days over the past three years. The IRS historically applies this test without regard to immigration status.

In addition, Section 6428(g) of the CARES Act requires an individual to have a Social Security Number (SSN) in order to receive the rebate. Unfortunately, nearly half of all individuals are present in the United States illegally after overstaying a visa that afforded them a work authorization and an SSN. Likewise, individuals who received employment authorizations and SSNs after filing an asylum application may still use their SSN after their application is denied.”

Stay tuned to FAIR, as the Trump administration may investigate this matter to ensure that illegal aliens are not reaping the benefits of our generosity at a critical time.