PolicyBrief
H.R. 8112
119th CongressMar 26th 2026
Preserving Social Security and Medicare for Citizens Act of 2026
IN COMMITTEE

This bill restricts Medicare and Social Security eligibility to U.S. citizens and permanent residents while expanding FICA tax requirements to include previously exempt individuals.

Nancy Mace
R

Nancy Mace

Representative

SC-1

LEGISLATION

New Bill Tightens Social Security and Medicare Rules: FICA Taxes Expand While Eligibility Shrinks

The Preserving Social Security and Medicare for Citizens Act of 2026 aims to shore up the nation's biggest safety nets by narrowing who gets in and widening who pays in. Under this proposal, Medicare and Social Security benefits would be strictly limited to U.S. citizens, nationals, and lawful permanent residents (Green Card holders). To fund this, the bill also pulls more people into the tax pool by removing long-standing exemptions for certain workers, meaning more people will see FICA deductions on their paychecks starting the first year after the bill is signed. While it protects those currently enrolled in Medicare, it sets a much higher bar for anyone applying in the future.

The New Border for Benefits

Sections 2 and 3 of the bill create a strict 'members only' policy for federal retirement and health programs. By amending the Social Security Act, the legislation effectively cuts off access for any resident who doesn't hold a Green Card or citizenship. For example, a specialized software engineer or a seasonal agricultural worker on a long-term visa could spend years working in the U.S. but would be legally barred from receiving the Social Security benefits they helped fund. The bill specifically overrides 'any other provision of law' to ensure these restrictions stick, creating a clear divide between those who contribute to the system and those who can eventually collect from it.

Paying In Without a Way Out

Perhaps the most significant change for the modern workforce is found in Section 4, which expands the Federal Insurance Contributions Act (FICA) tax. By striking several paragraphs from the Internal Revenue Code, the bill eliminates exemptions that previously allowed certain non-resident workers and specific visa holders to skip payroll taxes. This creates a 'taxation without benefit' scenario: if you are a foreign professional working on a specific visa, you might see roughly 7.65% of your paycheck disappear to fund Social Security and Medicare, even though Sections 2 and 3 of this same bill make it illegal for you to ever use those programs. For a worker earning $60,000, that’s over $4,500 a year in new taxes for a safety net they can no longer access.

The Long-Term Ledger

From a purely fiscal perspective, this bill is designed to balance the books by reducing the number of people drawing money out while increasing the number of people putting money in. However, the implementation could be a headache for HR departments and the Social Security Administration, who will have to navigate new verification hurdles. While the bill includes a 'grandfather clause' in Section 2 to protect people currently on Medicare, the real-world impact will be felt by future retirees and non-citizen residents who may find themselves paying into a system that, by design, no longer has a seat at the table for them.