SSR 75-27a: SECTION 202(n) (42 U.S.C. 402(n)) -- BENEFITS -- NONPAYMENT OF BENEFITS BECAUSE OF DEPORTATION
20 CFR 404.464
SSR 75-27a
- Where individual was deported under immigration law in effect prior to enactment of the Immigration and Nationality Act of 1952, payment of benefits to such individual would not be barred by section 202(n) of the Social Security Act since such section precludes payment solely on the basis of deportation under specified paragraphs of section 241(a) of the 1952 Act.
A question has been raised in the case of a claimant who was entitled to old-age insurance benefits beginning February 1970. In November 1970, the Social Security Administration received a Notice of Deportation from the Immigration and Naturalization Service which indicated the claimant had been deported in August 1970 pursuant to section 241(a)(6) of the Immigration and Nationality Act of 1952. In accordance with section 202(n) of the Social Security Act, it was determined initially that the claimant's benefits were to be suspended beginning December 1970, the month after notice of deportation was received. Upon reconsideration, it was determined that benefits were to be suspended beginning December 1970, the month after notice of deportation was received. Upon reconsideration, it was determined that benefits were to be suspended beginning August 1970. As a result of a hearing, the administrative law judge concluded that the claimant was deported under the Act of 1918, as amended by the Act of June 5, 1920, and not pursuant to section 241(a) of the Immigration and Nationality Act of 1952 which was similarly worded, and that suspension of benefits did not apply.
The facts in the case disclose that a warrant for the claimant's deportation was signed in March 1937 directing his deportation under the Immigration Act of October 1918 as amended by the Act of June 1920.
The specific question was raised as to whether the Immigration and Nationality Act of 1952 incorporated or codified the earlier acts so that suspension under Section 202(n) of the Social Security Act would be warranted. It has been determined by the Social Security Administration that the reference to Section 241(a) of the Immigration and Nationality Act of 1952 in Section 202(n) of the Social Security Act, as amended, may not be interpreted to refer to provisions of earlier immigration acts which were repealed by 1952 act albeit they contained verbatim, in some instances, the same general categories for deportation, since explicit support for such conclusion is absent in the language of section 202(n) and its legislative history.
Accordingly, it is held that the claimant was not deported pursuant to Section 241(a) of the Immigration and Nationality Act of 1952 and that his benefits are not subject to suspension in accordance with Section 202(n) of the Social Security Act as amended.