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Wednesday, July 19, 2006
Herman Cain :: Townhall.com Columnist
Illegal Dirty Little Secrets about Social Security
by Herman Cain
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There are two dirty little secrets behind the debate over the illegal alien issue that even the advocates of securing the borders first have failed to discuss. The first secret is that the estimated twelve to twenty million aliens living and working illegally in the United States have to commit identity theft to secure employment. The second secret is that without illegals' payroll tax contributions, filed under stolen or fraudulent Social Security numbers, the Social Security system would collapse years earlier than estimated.

Hard to believe, here are the facts.

The birth of the connection between illegal aliens, identity theft and the Social Security system began in 1986. That year Congress passed the Immigration Reform and Control Act (IRCA), which required workers to show a Social Security card to obtain employment. IRCA also made it illegal to knowingly hire undocumented workers. The consequence of IRCA is that millions of stolen or fraudulent Social Security numbers have been used in the past twenty years. IRCA did nothing to curb illegal aliens from crossing our borders to find work, or to end employers' demand for their labor.

A 2006 General Accountability Office study reports that the Social Security Administration maintains a database called the Earnings Suspense File (ESF) to track fraudulent use of Social Security numbers. When an employer files payroll taxes for an employee, and the employee's name and Social Security number do not match or the number does not exist in Social Security's records, the unmatched or fraudulent number is recorded in the ESF. Though estimates of illegal aliens present in the U.S. range from twelve to twenty million, as of November 2004 the ESF contained over 246 million records.

The GAO also reports that forty-three percent of employers that file payroll taxes on stolen or fraudulent Social Security numbers represent just five industries. Further, 8,900 employers, .2 percent of all employers with reports in the ESF database, have submitted over thirty percent of the ESF's total records.

According to a 2005 report by MSNBC technology correspondent Bob Sullivan, the ESF represents $420 billion in payroll tax contributions. Illegal aliens who work under stolen or fraudulent Social Security numbers will never receive Social Security benefits, so the hundreds of billions of dollars they contribute represent what Sullivan rightly calls "essentially free money to the system." Eduardo Porter reported in the New York Times that payroll taxes from illegal aliens represent approximately ten percent of the so-called Social Security surplus.

Enforcement of labor and immigration law is further hamstrung by a byzantine bureaucratic nightmare constructed by Congress in an effort ironically designed to protect privacy. Under current law, the SSA is barred from sharing information in the EFS with the Department of Homeland Security (DHS) because it contains taxpayer records. Congress has enabled massive invasion of our privacy by encouraging identity theft and not allowing DHS to effectively investigate employers and employees suspected of labor and immigration law infractions. Even though the EFS contains 246 million records of stolen or fraudulent Social Security numbers, in 2004 DHS only initiated 5,400 investigations of employers or workers suspected of breaking labor or immigration laws. Continued...

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About The Author

Herman Cain is the National Chairman of the Media Research Center’s Business & Media Institute. He is the former president and CEO of Godfather’s Pizza, Inc., and currently is CEO and president of T.H.E. New Voice, Inc., a business and leadership consulting company.

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Just the facts please
Gee, where to start. Certainly not with the comments posted as most of those people have no factual basis for knowing what “they know.”

You state: “The birth of the connection between illegal aliens, identity theft and the Social Security system began in 1986. That year Congress passed the Immigration Reform and Control Act (IRCA), which required workers to show a Social Security card to obtain employment.”

That is not correct. People always needed a Social Security Number for tax purposes. Aliens not authorized to work in the U.S. used to get Social Security Cards that were not valid for employment but until 1982 that notation was not on the face of the card. Note the following:

“In 1974, statistics revealing continually increasing numbers of illegal aliens working in the United States motivated SSA to distinguish SSNs issued for nonwork purposes. Although SSA’s internal records reflected the distinction, however, the SSN cards issued to both groups looked identical until SSA began to annotate nonwork cards with the restriction Not Valid for Employment in 1982.”
Singer and Dodd-Major, Identification Numbers and U.S. Government Compliance Initiatives, 2 Immigration & Nationality Law Handbook 346 (2004-05 ed.)

See also the GAO study you cited “Since 1982, when SSA began issuing cards indicating they are not valid for employment,...” Immigration Enforcement: Benefits and Limitations to Using Earnings Data to Identify Unauthorized Work at 9 http://www.gao.gov/new.items/d06814r.pdf

It was in 1982 that some aliens needed to obtain a social security number that was not issued in their real name. Many of those people work under social security numbers that were issued to people years ago who left the U.S. You could call that identify theft but I doubt if any court would agree with you as the person from whom the number was “stolen” consented to the “theft.”

The short GAO study you site (it is only 16 pages) should be read in total to get a better idea of the situation. It is not just “illegal” aliens in the suspense file. For example the Earnings Suspense file “Contains information about many U.S. citizens as well as noncitizens—the overall percentage of unauthorized workers is unknown. Immigration Enforcement: Benefits and Limitations to Using Earnings Data to Identify Unauthorized Work at 10 http://www.gao.gov/new.items/d06814r.pdf

You have numerous other gratuitous comments not supported by facts. “Illegal aliens represent cheap labor for employers” and “roadmap to employers and workers guilty of breaking labor and immigration laws” imply that all illegal alien workers are a) underpaid and b) known to the employer to be illegal. As generalizations these conclusions are false. Those who meet employers who have gotten their first Social Security “mis-match letter” know full well that most employers have no idea that a particular worker is illegal and often are not simply paying that worker a just wage but a wage far above the prevailing wage simply because the person is such a good worker and, more importantly, if that person quit the employer would have a devil of a time replacing that person because there is a labor shortage is many areas of the U.S.

We need a guest worker program now and real conservatives should be supporting such a plan.

Just the facts please
Gee, where to start. Certainly not with the comments posted as most of those people have no factual basis for knowing what “they know.”

You state: “The birth of the connection between illegal aliens, identity theft and the Social Security system began in 1986. That year Congress passed the Immigration Reform and Control Act (IRCA), which required workers to show a Social Security card to obtain employment.”

That is not correct. People always needed a Social Security Number for tax purposes. Aliens not authorized to work in the U.S. used to get Social Security Cards that were not valid for employment but until 1982 that notation was not on the face of the card. Note the following:

“In 1974, statistics revealing continually increasing numbers of illegal aliens working in the United States motivated SSA to distinguish SSNs issued for nonwork purposes. Although SSA’s internal records reflected the distinction, however, the SSN cards issued to both groups looked identical until SSA began to annotate nonwork cards with the restriction Not Valid for Employment in 1982.”
Singer and Dodd-Major, Identification Numbers and U.S. Government Compliance Initiatives, 2 Immigration & Nationality Law Handbook 346 (2004-05 ed.)

See also the GAO study you cited “Since 1982, when SSA began issuing cards indicating they are not valid for employment,...” Immigration Enforcement: Benefits and Limitations to Using Earnings Data to Identify Unauthorized Work at 9 http://www.gao.gov/new.items/d06814r.pdf

It was in 1982 that some aliens needed to obtain a social security number that was not issued in their real name. Many of those people work under social security numbers that were issued to people years ago who left the U.S. You could call that identify theft but I doubt if any court would agree with you as the person from whom the number was “stolen” consented to the “theft.”

The short GAO study you site (it is only 16 pages) should be read in total to get a better idea of the situation. It is not just “illegal” aliens in the suspense file. For example the Earnings Suspense file “Contains information about many U.S. citizens as well as noncitizens—the overall percentage of unauthorized workers is unknown. Immigration Enforcement: Benefits and Limitations to Using Earnings Data to Identify Unauthorized Work at 10 http://www.gao.gov/new.items/d06814r.pdf

You have numerous other gratuitous comments not supported by facts. “Illegal aliens represent cheap labor for employers” and “roadmap to employers and workers guilty of breaking labor and immigration laws” imply that all illegal alien workers are a) underpaid and b) known to the employer to be illegal. As generalizations these conclusions are false. Those who meet employers who have gotten their first Social Security “mis-match letter” know full well that most employers have no idea that a particular worker is illegal and often are not simply paying that worker a just wage but a wage far above the prevailing wage simply because the person is such a good worker and, more importantly, if that person quit the employer would have a devil of a time replacing that person because there is a labor shortage is many areas of the U.S.

We need a guest worker program now and real conservatives should be supporting such a plan.
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