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Topline
The Trump administration has declined a judge’s request for testimony from the acting head of the Social Security Administration (SSA) at a hearing, where the court is deliberating the implications of the White House’s approach to adding living immigrants to the SSA’s “master death list.” This hearing comes as part of the broader discussion on whether to prevent Elon Musk’s Department of Government Efficiency (DOGE) from accessing Social Security data.
An SSA office in Washington, DC, on March 26.
Key Facts
U.S. District Judge Ellen Lipton Hollander is conducting a hearing on whether to extend a previous ruling that prohibits DOGE from obtaining any identifiable SSA data that reveals Americans’ personal information.
Labor organizations contesting the Trump administration’s actions have brought to Judge Hollander’s attention recent news reports suggesting that the administration is systematically adding the names of thousands of immigrants to the SSA’s “master death list.” This list is intended to identify deceased individuals for the purpose of ceasing their benefits, which could unintentionally pressure immigrants to “self-deport” by removing their access to essential services and increasing the likelihood of further complications, such as difficulties opening bank accounts or securing employment.
Judge Hollander clarified in a letter that the focus of the hearing will primarily be on how the “master death list” issue relates to the potential risk of DOGE accessing SSA data. Although she suggested the need for SSA’s Acting Commissioner Leland Dudek to testify, the Trump administration responded in a letter stating that Dudek will not be present, emphasizing their decision to rely on the current record given the demands on the Acting Commissioner’s schedule.
What To Watch For
As the court hearing unfolds, it remains uncertain how Judge Hollander will respond to the government’s failure to produce Dudek for questioning. Since her order that inhibits DOGE from accessing SSA data is set to expire soon, decisive rulings may emerge either on Tuesday or in the following days regarding the prolongation of this injunction while legal proceedings continue.
What Is The Social Security Agency’s “master Death List”?
The SSA oversees a list of individuals holding Social Security numbers who have passed away, dating back to 1936. Former SSA official Tiffany Fink indicated that this list contained approximately 141 million names as of 2023. While primarily utilized to terminate Social Security benefits for deceased Americans, the list is also shared with other federal agencies, reinforcing the cessation of government benefits upon death. Moreover, a limited version of this list is commercialized by the Department of Commerce to private entities, including financial institutions, to mitigate fraudulent activities, such as preventing individuals from applying for services under the identities of deceased persons. Consequently, misidentifications could lead to significant repercussions for living individuals mistakenly added to this list, jeopardizing their eligibility for Social Security and other government programs, potentially hindering employment opportunities, banking access, or even acquiring a driver’s license. Concerns have surfaced that DOGE’s actions may unintentionally incorporate alive individuals, heightening fears as corrections for such errors could take considerable time, as noted by reports in The New York Times here.
Key Background
The ongoing discourse regarding DOGE’s access to Social Security systems emerges in the context of their recent focus on the SSA. While Musk has publicly professed a desire not to disrupt American benefits, he has repeatedly asserted that significant fraud exists within the Social Security framework, despite evidence indicating that such issues are, in fact, minimal. Critics argue that Musk’s claims have contributed to increased wait times for individuals seeking assistance from the SSA, leading to cuts in services that the agency reversed only after heightened public scrutiny. These operational changes have raised alarms among insiders and external observers alike, with past SSA leaders cautioning that these consolidations could destabilize the core functions of Social Security, warning about an impending collapse and potential interruptions in benefit disbursements. As part of a larger strategy reported by the Trump administration, there appears to be an agenda to exploit governmental resources and data sets in support of mass deportation initiatives, including proposals to restrict public housing access for mixed-status households, where some members have legal immigration status while others do not, as indicated in a report by The Washington Post here.
Further Reading
Forbes: Here’s What We Know About Trump And Musk’s Social Security Plans—As Agency Reportedly Mulls Cutting Phone Services
Forbes: Judge Blocks DOGE From Accessing Social Security Data
Source
www.forbes.com