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  • Illegal aliens granted amnesty under this act cannot be prosecuted for social security fraud committed while they were illegal aliens
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SEC. 102. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) IN GENERAL- Section 208(d)(1) of the Social Security Act (42 U.S.C. 408(d)(1)) is amended--

(1) in subparagraph (B)(ii), by striking `or' at the end;

(2) in subparagraph (C), by inserting `or' at the end;

(3) by inserting after subparagraph (C) the following:

(D) who is granted status as a lawful temporary resident under the Agricultural Job Opportunity, Benefits, and Security Act of 2003,'; and

(4) by striking `1990.' and inserting `1990, or in the case of an alien described in subparagraph (D), if such conduct is alleged to have occurred prior to the date on which the alien was granted lawful temporary resident status.'.

(b) EFFECTIVE DATE- The amendments made by subsection (a) shall take effect on the 1st day of the 7th month that begins after the date of enactment of this Act.

42 U.S.C. 408(d)(1) reads: "an alien...shall not be subject to prosecution for any alleged conduct described in paragraph (6) or (7) of subsection (a) of this section..."

which in turn reads, in part,

"Whoever...(6) willfully, knowingly, and with intent to deceive the Commissioner of Social Security as to his true identity... (7) for the purpose of causing an increase in any payment authorized under this subchapter [Social Security Act]...or for the purpose of causing a payment under this subchapter to be made when no payment is authorized thereunder, or for the purpose of obtaining any payment or any other benefit to which he is not entitled...(A) willfully, knowingly, and with intent to deceive, uses a social security account number...on the basis of false information furnished to the Commissioner of Social Security by him or by any other person...shall be guilty of a felony and upon conviction thereof...