New Act Makes Benefit Fraud, Even Minor Admissions, Grounds for Deportation and Inadmissibility

The “Deporting Fraudsters Act of 2025” is a major overhaul of immigration law, specifically targeting how the U.S. handles individuals who have defrauded the government or unlawfully received public benefits. Right now, certain crimes make a non-citizen inadmissible (meaning they can’t enter or get legal status) or deportable (meaning they can be removed). This bill adds a whole new category to that list: anything involving defrauding the U.S. government or unlawfully receiving a public benefit.

This isn't just about federal programs; the bill explicitly references both Federal and State or local public benefits, as defined in existing welfare reform laws. If you’re not a citizen and you’ve been convicted of, or even just admit to, committing acts that constitute unlawful receipt of benefits—think SNAP, Medicaid, or certain housing assistance—this bill makes you inadmissible or deportable. It’s a direct link between benefit eligibility and immigration status, and it significantly lowers the bar for enforcement.

The New Grounds for Removal: Beyond Conviction

Here’s where the policy gets real for people. For an alien to be made deportable, the bill focuses on a conviction or a conspiracy to commit an offense involving fraud or unlawful receipt of benefits (Section 237(a)(2)). That’s a serious expansion, but it still requires a formal criminal process.

However, the grounds for inadmissibility are much broader (Section 212(a)(2)). Under this new language, a person can be deemed inadmissible if they have been convicted, or if they admit to committing the offense, or if they admit to committing acts that include all the essential elements of the offense. Think about that: you don't need a conviction. If you’re applying for a visa, green card, or entry, and you admit during an interview that you once mistakenly received $100 in benefits you weren't technically eligible for—even if it was a simple administrative error and not willful fraud—that admission could now be used as grounds to deny your application or bar your entry.

The Administrative Error Trap

For most people, receiving public benefits is complex. Eligibility rules change, income fluctuates, and paperwork is often confusing. In the real world, “unlawfully receiving” benefits doesn’t always mean massive, intentional fraud; sometimes it means a clerical error, a late report of income, or a misunderstanding of a technical rule that leads to an overpayment. Under current law, these issues are usually resolved through civil clawbacks or administrative penalties. This bill elevates those same technical violations—if they are deemed to constitute an “offense”—to a major immigration violation.

Consider a legal permanent resident who, five years ago, received child care assistance but failed to report a small, temporary raise in income, resulting in an overpayment that they later repaid. If, during a future immigration process (like applying for citizenship), they admit to that failure to report, that admission could trigger the new inadmissibility clause. The stakes suddenly shift from paying back a few hundred dollars to facing potential deportation or denial of citizenship. This puts immense pressure on immigrant families, who may now be terrified to seek necessary assistance like WIC or Medicaid, even if they are fully eligible, for fear of future administrative errors being weaponized against their immigration status.