Draft:Enumeration Beyond Entry program

{{Short description|Social Security Numbers issued under Enumeration Beyond Entry }}

{{Draft topics|north-america|politics-and-government|stem}}

{{AfC topic|other}}

{{AfC submission|||ts=20250421062250|u=DongerInBarney|ns=118}}

= Overview =

The Enumeration Beyond Entry{{cite web |title=RM 10205.700 Enumeration Beyond Entry (EBE) |url=https://secure.ssa.gov/poms.nsf/lnx/0110205700 |publisher=Social Security Administration |access-date=April 20, 2025}} program is an agreement between the Social Security Administration (SSA),

the Department of Homeland Security (DHS), and the

U.S. Citizenship and Immigration Services (USCIS) wherein

Social Security numbers and cards are supplied to non-citizens as part of the work authorization process,

without requiring an additional application or an in-person visit to a local SSA office.

Public source information regarding the origin of the program is limited, but according to a letter dated December 17, 2019 from the Office of the Inspector General, the program began in October 2017 under the first Trump administration.

{{citation |title=Multiple Social Security Numbers Assigned to Non-citizens Using the Enumeration Beyond Entry Program |url=https://oig-files.ssa.gov/audits/full/A-08-18-50472.pdf

}}

According to the same letter, DHS collects information during the USCIS

application process (Form I-765) and electronically transmits it to the SSA, thus eliminating the need for

applicants to file a separate SS-5 application at an SSA field office.

Beginning on April 1, 2024, under Democratic president Joe Biden, the EBE program was expanded to include

information from Form N-400 (Application for Naturalization).{{citation |title=New Citizens Will Be Able to Seamlessly Request Social Security Updates |url=https://www.uscis.gov/newsroom/stakeholder-messages/new-citizens-will-be-able-to-seamlessly-request-social-security-updates"}}

As of April 2025, the EBE program applies to information from:

  • Form I-765 - Application for Employment Authorization
  • Form I-485 - Application to Register Permanent Residences or Adjust Status
  • Form N-400 - Application for Naturalization

It's not clear from available sources whether Form I-485 was included as part of the program from the beginning,

or if it was added in a later expansion.

= Related Programs =

The EBE program is very similar in concept to the Enumeration At Entry (EAE) program.

{{citation |url=https://www.ssa.gov/faqs/en/questions/KA-10040.html |title=What is Enumeration at Entry and how does it work?}} Under the EAE program, any lawful permanent resident can simultaneously apply for both an immigration

visa and a Social Security number using Form DS-230 or Form DS-260. As with the EBE program, the DHS will

transmit the information to the SSA for automatic issuance of a Social Security number.

The primary difference

between the two programs is that under EAE, DHS transmits the information to the SSA when the person is physically

admitted to the United States (thus "at entry"), whereas EBE is targeted towards those who are already in the US ("beyond entry").

EAE started as a pilot program in 2002 under Republican president George W. Bush, and was expanded worldwide

in 2003.{{citation |title=The Story of the Social Security Number |url=https://www.ssa.gov/policy/docs/ssb/v69n2/v69n2p55.html}}

= History of Social Security Numbers for Non-Citizens =

The legal basis for issuing Social Security numbers to non-citizens existed long before the EAE and EBE programs were established.

These programs merely made the process more efficient by eliminating the need for extraneous applications.

As explained on the SSA web site, Congress amended the Social Security Act in the 1970s to authorize the SSA to

assign Social Security numbers to all legally admitted non-citizens at entry or subsequently eligible for

employment, and to anyone receiving or applying

for a Federal benefit. This was done to deal with concerns over welfare fraud and illegal work done by

unauthorized persons.{{citation |title=Report to Congress on Options for Enhancing the Social Security Card |url=https://www.ssa.gov/history/reports/ssnreportc2.html}}{{citation |title=Social Security Number Chronology |url=https://www.ssa.gov/history/ssn/ssnchron.html}}

These changes were codified in Public Law 92-603.{{citation |title=Public Law 92-603 Full Text |url=https://www.govinfo.gov/content/pkg/STATUTE-86/pdf/STATUTE-86-Pg1329.pdf}} The relevant section reads:

Sec, 137. Section 205 (c)(2) of the Social Security Act is amended—

(1) by inserting "(A) " immediately after "(2)" ; and

(2) by adding at the end thereof the following new subparagraph:

"(B)(i) In carrying out his duties under subparagraph (A), the

Secretary shall take affirmative measures to assure that social security

account numbers will, to the maximum extent practicable, be assigned

to all members of appropriate groups or categories of individuals

by assigning such numbers (or ascertaining that such numbers have

already been assigned):

"(I) to aliens at the time of their lawful admission to the

United States either for permanent residence or under other

authority of law permitting them to engage in employment in

the United States and to other aliens at such time as their status

is so changed as to make it lawful for them to engage in such

employment;

"(II) to any individual who is an applicant for or recipient

of benefits under any program financed in whole or in part from

Federal funds including any child on whose behalf such benefits

are claimed by another person; and

... remainder of text omitted ...

The law provides for issuance of Social Security numbers either at entry ("at the time of their lawful admission")

or subsequent to entry based on changes to employment status ("at such time as their status is so changed"). Thus,

both the EAE and EBE programs are firmly rooted in the provisions of PL 92-603.

PL 92-603 was passed with broad bipartisan support and enacted on October 30, 1972 under Republican president

Richard Nixon.

A complete list of current policies and information regarding Social Security numbers for non-citizens is available in

Publication 05-10096{{citation |title=Social Security Numbers for Noncitizens |url=https://www.ssa.gov/pubs/EN-05-10096.pdf}} available for download on the SSA web site. Additional information is also available in Code of

Federal Regulation 422.104,{{citation |title=Code of Federal Regulations 422.104 |url=https://www.ssa.gov/OP_Home/cfr20/422/422-0104.htm}} also available on the SSA web site.

= Media attention =

The EBE program came to wider public attention in March 2025, when Elon Musk and Antonio Gracias,

speaking at a town hall rally in Green Bay, Wisconsin on March 30, 2025,{{cite web

|title=Full Video: Town Hall Event in Greenbay, Wisconsin

|url=https://www.youtube.com/watch?v=VhIIS_9ZtDE

|website=YouTube

|publisher=Fox 9 Minneapolis-St. Paul

|date=March 30, 2025

|access-date=April 20, 2025}} pushed disputed claims about non-citizens voting and receiving

benefits,{{cite web |title=Snopes Article: Musk's claim Biden administration gave Social Security numbers to millions of noncitizens lacks context |date=April 2025 |url=https://www.snopes.com/news/2025/04/01/musk-biden-social-security-numbers/}}{{citation |url=https://www.npr.org/2025/04/11/nx-s1-5352470/doge-musk-social-security-voting |title=How DOGE may have improperly used Social Security data to push voter fraud narratives|work=NPR }} pointing to the dramatic

rise in Social Security numbers issued to non-citizens under the Biden administration as evidence.

In a chart presented during the town hall, and using information collected from the EBE program, Gracias claimed

that the number of Social Security numbers issued to non-citizens rose from 270,425 in FY2021 to 2,095,247 in

FY2024.{{cite web

|title=Town Hall Video Excerpt: See chart starting at 1:39:01

|url=https://www.youtube.com/watch?v=VhIIS_9ZtDE&t=5941s

|website=YouTube

|publisher=Fox 9 Minneapolis-St. Paul

|date=March 30, 2025

|access-date=April 20, 2025}}

Gracias claims that the source of the information came from the EBE program, but did not elaborate on exactly

how the data was collected, from what specific databases, or how the numbers were ultimately calculated, nor did

he provide a breakdown of the individual contributions from each of the three possible forms used, namely Form I-765, Form I-485, and Form N-400 to the total sums.

Musk and Gracias see malfeasance behind the rising numbers, with Musk commenting on Gracias' chart:

{{blockquote|

People sometimes think that under the Biden administration, that he was simply asleep at the switch. They weren't asleep at the switch — it was a massive, large-scale program to import as many illegals as possible, ultimately to change the entire voting map of the United States and disenfranchise the American people and make it a permanent deep-blue, one-party state from which there would be no escape.{{cite web

|title=Town Hall Video Excerpt: See Elon Must quote starting at 1:42:04

|url=https://www.youtube.com/watch?v=VhIIS_9ZtDE&t=6123s

|website=YouTube

|publisher=Fox 9 Minneapolis-St. Paul

|date=March 30, 2025

|access-date=April 20, 2025}}

}}

However, according to former SSA Commissioner Martin O'Malley, in a March 31, 2025 interview with Rolling Stone, the numbers increased as a

result of the number of lawfully admitted immigrants increasing.{{citation |url=https://archive.ph/b4vHR#selection-1903.2-1906.0:~:text=%E2%80%9CThe%20number%20of%20immigrants%20enumerated%20during%20the%20Biden%20administration%20increased%20because%20the%20number%20of%20lawfully%20admitted%20immigrants%20increased%2C%E2%80%9D%20O%E2%80%99Malley%20says. |title=Musk Blames Dems for Trump Giving Immigrants Social Security Numbers}} That, in addition to the expansion of the program

to include naturalization applicants under Form N-400, explains the increase, according to Snopes.

References

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