Trump’s Kafkaesque attack on Social Security--Declaring living people as dead

In so many ways the Trump administration has given us a window into a dystopian world — flouting a unanimous decision by the Supreme Court, elevating scientific myth into healthcare policy and so on. But its latest attack on the Social Security system is arguably the most frightening of all.

Reportedly pressured by Elon Musk’s DOGE team and by Secretary of Homeland Security Kristi Noem, the current stewards of Social Security have allowed the government to declare 6,300 people “dead” in a crucial Social Security database, even though they’re very much alive.

The initial reports of this action were reported by the New York Times and Washington Post, but it was confirmed for me, if somewhat obliquely, by a White House spokeswoman.

“President Trump promised mass deportations and by removing the monetary incentive for illegal aliens to come and stay, we will encourage them to self-deport,” the spokeswoman, Elizabeth Huston, told me by email.

The White House claims that “DHS identified over 6,300 temporarily paroled aliens on the terrorist watch list or with FBI criminal records,” and as of April 8 “terminated” their right to hold Social Security numbers or receive benefits.

“To prevent them from receiving any payments,” the White House told me, the Social Security Administration moved their numbers into what the White House calls the “Ineligible Master File.”

What’s that? It’s what is officially known as Social Security’s “Death Master File,” the database of deceased number holders.

Make no mistake: In effect, these 6,300 living, breathing individuals have been declared “dead” by Trump administration fiat.

“You’d have a hard time explaining this to someone in a way that doesn’t seem dystopian,” says Devin O’Connor, an expert on Social Security at the Center on Budget and Policy Priorities.

Social Security advocates are aghast. “As with most of the actions of the Social Security Administration since Trump came into office, we cannot make rational sense of the policy to place immigrants on the SSA’s list of deceased persons,” says Max Richtman, chief executive of the National Committee to Preserve Social Security and Medicare.

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“These are people who are in the United States legally and need active Social Security numbers in order to work and transact personal business,” Richtman says. “By placing them on the list of dead persons, the Trump administration is needlessly preventing them from utilizing their Social Security numbers for legitimate reasons.”

Before we delve further into the consequences of this action — for the newly “dead,” for all Social Security beneficiaries and indeed American citizens, and for the Social Security system itself — a few words on how this came about.

It started on inauguration day, when Trump abruptly terminated four Biden administration humanitarian programs granting legal U.S. residence to applicants from Cuba, Haiti, Nicaragua and Venezuela seeking asylum. By the end of Biden’s term, more than 500,000 applicants had been granted so-called parole via the programs known collectively as CHNV. Typically, they feared political violence or death in their home countries.

After passing national security and public safety scrutiny and showing that they had a U.S. sponsor to provide housing and other support, they were granted a “parole” of up to two years permitting them to work legally, which required them to obtain Social Security numbers and to contribute payroll tax to the program. During that period, they could seek more permanent permission to stay in the country. As of April 8, they lost those rights and obligations.

The White House hasn’t specified what evidence it has that the 6,300 immigrants declared “dead” were members of terrorist groups or FBI-designated criminals.

As it happens, the termination order was blocked Monday by federal Judge Indira Talwani of Boston. In a 41-page order, Talwani raised the question of whether Congress had given Trump the authority, “after parole has been granted and individuals have entered the country on a lawful basis,” to revoke the grants of parole “en masse.” She wrote: “The answer is no.” The revocation, she ruled, would have to be on a case-by-case basis, just as their paroles had been granted.

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Meanwhile, Tuesday in Baltimore, federal Judge Ellen Lipton Hollander convened a hearing over whether the Social Security Administration has complied with her earlier order to keep DOGE employees’ hands off the agency’s records — an issue on which the unilateral “death” designations may well be relevant. Hollander had ordered acting Commissioner Leland Dudek to appear for testimony, but the government has refused to allow him to appear.

That brings us back to the Death Master File. (The administration has said it should be referred to now as the “Ineligible Master File,” but its authority to change its official designation isn’t clear, and in any case this looks merely like an attempt to obscure the nature of the file itself.)

The DMF is one of the most important and closely supervised databases in the Social Security Administration’s possession. Currently it contains more than 141 million names of deceased workers, along with their Social Security numbers and their dates of birth and death. The program uses the information, according to former Social Security official Tiffany Flick, for the purpose of “discontinuing benefits payments to deceased individuals, confirming an individual’s right to survivor benefits, and identifying fraud” carried out by users of dead persons’ Social Security numbers.

The information is carefully vetted unless it comes from family members, a state agency or a funeral home, Flick said in a court declaration. The agency takes pains to verify reports from anyone else. Of the 2.9 million death reports received each year, Flick said, fewer than one-third of 1% typically have to be corrected.

Federal law requires the agency to keep the full database confidential. A redacted version, however, is marketed via the Department of Commerce to banks, credit agencies and other financial institutions — but only if they can pass an annual certification in which they have to show they can protect the data from illicit use. The limited version contains only information that is more than three years old.

There can be no question that “intentionally marking people who are still living as dead” in the master file “is unheard of and improper,” Flick stated.

Beyond that, “when Social Security incorrectly declares someone dead, it ruins their lives,” observes Nancy Altman, president of the advocacy organization Social Security Works.

In 2023, Altman notes, “a Maryland woman was wrongly declared dead and found her health insurance and Social Security benefits terminated, her home listed for sale, her credit cards canceled, and her water shut off. Her health deteriorated as she spent endless hours trying to undo the mistake. Indeed, she did actually die seven months later.”

Because the DMF is viewed as authoritative by financial services companies, adds O’Connor, its misuse can cause “disruption in your bank account access, your credit cards canceled, your pension benefits being cut off, your insurance coverage canceled or an insurance claim denied. If you apply for a job your application could be rejected, or have a denial of credit.”

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The very idea that government bureaucrats can designate living persons as dead for reasons other than their actual death should send shudders through all Social Security participants, citizens and otherwise — especially given the manipulation of the program from Trump acolytes already and the absence of official oversight over DOGE’s rampaging minions.

“Now, if you’re included in the Death Master File even by accident, how do you show not only that you’re not dead, but that you don’t belong on the file for some other unknown, mysterious reason?” O’Connor asks. “It’s creating the potential for some Kafkaesque bureaucratic nightmares every time they make a mistake — and there will be mistakes.”

As for the administration’s contention that the 6,300 “dead” people are on a terrorism watch list or FBI list, the administration’s treatment of facts and statistics when it comes to immigrants or Social Security does not inspire confidence.

The administration, for instance, has consistently described Kilmar Abrego Garcia, whom it admits to having transported to El Salvador illegally, as an “illegal alien” and a member of the criminal gang MS-13. But he was in the U.S. legally, and no valid evidence has been produced to show he’s a member of MS-13 — quite the contrary, he may be a victim of MS-13.

DOGE’s claims about Social Security data are almost risibly ignorant. Musk asserted that DOGE found millions of dead people as old as 150 receiving benefits, but he was misinterpreting a software artifact.

The manipulation of the Death Master File itself has obliterated its validity as a data source for financial and commercial institutions. If those institutions can no longer trust what was once the gold standard for information about their present or future customers, how can it be used at all?

What’s scariest about the cavalier manipulation of the Death Master File is that Trump’s refusal to observe bureaucratic norms, statutory limitations, and even to respond to court orders, points to the question of how far he’s willing to go. Designating living persons as dead could be only the beginning.

“If they can do this to somebody,” O’Connor says, “they can do it to anybody.”