The U.S.-Mexico Totalization Agreement Closer To Going Before Congress

NumbersUSA ^

[Happy2BMe]

The U.S.-Mexico Totalization Agreement

The U.S. Commissioner of Social Security signed a totalization agreement with the Director General of the Mexican Social Security Institute on June 29, 2004. Now that the agreement has been signed, it must be reviewed first by the State Department, and then by the White House, which will submit it to Congress. Congress will have then have 60 "legislative" days to review the agreement. During this period, current law authorizes either Chamber to pass a Resolution of Disapproval of the agreement, or it will take effect automatically at the end of the 60-day period. In addition, the Mexican Senate must affirmatively approve the totalization agreement.

"Totalization" agreements are bilateral agreements between the United States and another country to coordinate their social security programs. These agreements eliminate the need to pay social security taxes in both countries when companies in one country send workers to the other country, and they protect benefit eligibility for workers who divide their careers between the two countries. The United States currently has totalization agreements with 20 countries, including Canada, Chile, South Korea, Australia and most of Western Europe.

Social Security Benefits for Illegal Aliens

U.S. law bars aliens living here illegally from receiving social security benefits. However, until 2004, the law permitted aliens to claim credit for work performed while here illegally if the aliens either left the United States or obtained legal status in the United States. If such work - either alone or in combination with work performed while here legally - amounted to the 40 quarters of work required to become eligible for social security benefits, these aliens (and their spouses and dependents) would receive full benefits.

In February 2004, Congress passed H.R. 743, the Social Security Protection Act, which includes a provision authored by Senator Grassley (R-Iowa), Chairman of the Senate Finance Committee, that prohibits aliens (and their spouses and dependents) from claiming social security credit for work performed while in the United States illegally unless the alien obtains legal status at some point. Although this represents a major improvement in the law, it does not entirely close the loophole that permits benefits to be paid on the basis of work performed by illegal aliens. As noted in the Senate Finance Committee's report on H.R. 743, "individuals who begin working illegally and later obtain legal status could still use their illegal earnings to qualify for Social Security benefits" despite this new provision (Senate Rpt.108-176, p. 24).

This law applies to aliens of all nationalities, regardless of the existence of totalization agreements. The agreements compound the problem, however, by increasing the pool of foreign workers who can qualify for U.S. social security benefits on the basis of work performed while here illegally. Under totalization agreements:

• Foreign workers can qualify with as few as 6 quarters of work, rather than 40 quarters (benefits would be prorated to reflect only credits earned in the United States); and

• More family members of workers are entitled to benefits, because the agreement waives rules that restrict certain payments to non-citizen dependents living outside the United States. Under current law, non-citizen spouses and children must have lived in the United States for at least five years (lawfully or unlawfully), and the family relationship to the worker must have existed during that time in order for them to receive benefits while outside the United States. A totalization agreement overrides this requirement.
  

What Makes the Mexico Agreement Different from the Others?

While the text of the agreement with Mexico has not yet been made publicly available, it is likely to be virtually identical to the 20 other agreements. The impact of the Mexico agreement is likely to be significantly different, however, because there are critical differences between Mexico and the other countries with which the United States has totalization agreements, including:

1. The economic disparity between the United States and Mexico, combined with the fact that our countries share a land border, has generated migration from Mexico to the United States at levels not comparable to any of the other 20 countries; and

2. The Department of Homeland Security estimates that Mexicans represent almost 70 percent of the 10 million illegal aliens currently residing in the United States. Among the other 20 countries, South Koreans and Canadians comprise the next largest shares - 0.07 percent each -- of the illegal population.
   

The Costs of the Mexico Agreement

The Social Security Administration (SSA) estimates that a totalization agreement with Mexico would:

• Result in 50,000 additional Mexicans qualifying for social security benefits during the first five years;
• Cost the U.S. social security system $525 million over the first five years;

• Cost $650 million per year by 2050;
• Have a "negligible long-range effect" on the Social Security Trust Fund; and
• Save 3,000 U.S. workers and their employers about $140 million in Mexican social security and health insurance taxes over the first five years of the agreement

In a review requested by Congress, the GAO found that:

• SSA's cost estimate does not account for any of the millions of Mexicans living and working here illegally who may become eligible for benefits;
• SSA "assumes that the behavior of Mexican citizens would not change and does not recognize that an agreement would create an additional incentive for unauthorized workers to enter the United States;"

• The agreement with Mexico involves "highly uncertain" costs and would affect the long-term solvency of the Social Security Trust Fund if SSA has underestimated the number of beneficiaries by more than 25 percent (or 16,000 additional beneficiaries).
  

DHS statistics show that more than 28,000 Mexicans who had entered the United States illegally at some point were granted legal permanent resident status in 2002. Another 121,000 Mexicans who were already living here were granted legal permanent resident status in 2002, despite the fact that DHS had no record of them being lawfully admitted to the country. Under current law, these immigrants can claim credit for any work they performed while here illegally, in addition to work the perform after obtaining legal status. And these numbers reflect only one year.

Can the U.S.-Mexico Totalization Agreement Be Stopped?

Once the President submits the agreement to Congress, which was expected to happen after the elections in November (but has not yet happened), it goes into effect automatically unless the House of Representatives or the Senate adopts a resolution of disapproval within 60 legislative days. According to the Congressional Research Service, however, the resolution of disapproval mechanism currently in the Social Security Act is an unconstitutional legislative veto, based on the Supreme Court's decision in INS v. Chadha (462 U.S. 919 (1983)), in which the Supreme Court struck down a similar provision in the Immigration and Nationality Act.

Since Congress has never rejected a totalization agreement, the fact that the mechanism for disapproval is unconstitutional has not been an issue. Unless the law is changed, though, it is likely that passage of a resolution of disapproval would give rise to a judicial challenge, potentially resulting in a determination that the agreement is effective.

[BIRDS]

Well, I certainly understand. I'll probably follow you if the Republicans veer any more to the center, become even more evasive to and about conservative concerns. So, I do agree with you to a great degree...

[NRA2BFree]

It seems like they are trying to speed things up toward the one-world socialist Utopia - since so many of us are catching on to their plans. Soon, it will be illegal to discuss such matters (because we are such racist vigilantes), and they can figure out via the Internet which ones used the word "treason."

"one-world socialist utopia" says it all. They don"t live in the "real world" so they are clueless what the rest of us are subjected to on a daily basis in the real world.

I'm sure that at some point in the future it will be illegal for us to talk like this. I think there are bad times coming for Americans.

[Borax Queen]

I'm sure that at some point in the future it will be illegal for us to talk like this. Looks like by 2010 - when we will no longer have even any pretense of "borders."

They've tried and tried to shut up by using the race card. Now, they are trying to get "hate crimes" and speech banned. As if all crime doesn't involve hate already. Soon, our thoughts must be codified.

Yet, the Brown Berets can wave their VERY-similar-to-Nazi flags, say they will kill Minutemen, and proclaim other vile things, and no one in media or ACLU says one word.

Down that slippery slope - I read today that sexual predators will be tracked by GPS. While I normally would agree with that, and they are the most despicable beings, who will be tracked and monitored next? At the rate the govt. is revoking our rights and not enforcing laws, it looks like sooner rather than later. I won't be too shocked that they decide to put bracelets on "whites," "people with guns," or "people who mentioned treason." It most certainly won't be the illegals wearing tracking devices.

[international american]

BTTT

[international american]

We are not defeated yet!

BTTT

[Borax Queen]

"Today Americans would be outraged if U.N. troops entered Los Angeles to restore order; tomorrow they will be grateful. This is especially true if they were told there was an outside threat from beyond, whether real or promulgated, that threatened our very existence. It is then that all peoples of the world will plead with world leaders to deliver them from this evil. The one thing every man fears is the unknown. When presented with this scenario, individual rights will be willingly relinquished for the guarantee of their well being granted to them by their world government."

Henry Kissinger, Speaking at Evian, France, May 21, 1992. Bilderberg meeting.

[NRA2BFree]

Luckily, they haven't had as much luck pushing their "illegal aliens are good for you" agenda as they have things like "diversity" and "multiculturalism."

Yeah, I know, so the traitors sneak around and do things behind our back, ignoring everything we want. They live in an insulated world that keeps them from having to deal with all the garbage they have allowed to come into America. They don't have to witness the murders, rapes, robbery and all the things that we do daily.

They go to the opera, parties, theater, and vacations where they never encounter the trash that's entering into the country. They have paid security with guns to protect them. Maids, butlers, and cooks who do all the shopping and take care of their every need, so they don't have to mingle with any of them.

[Borax Queen]

Now I understand why the elites aren't worried about any nukes that cross the border - it will just help them revoke more of our liberties, and maybe take care of a few thousand/million undesirables along the way.

All I have to say is thank God for the NRA - the only thing that might save us.

[Borax Queen]

I saw that world today - where the silver-spoon elites are ensconced in their gated communities, and demand that their slices of ham weigh no more than 1.05 grams (or whatever unit) each.
Their noses are so high in the air, I'm surprised they can breathe. Their disdain for commoners is palpable. Coming back to the "ghetto" was a relief. At least people on my side of town (bottom of the hill) own guns and pickups, support the troops, work hard, and are friendly.

[NRA2BFree]

Looks like by 2010 - when we will no longer have even any pretense of "borders."

Yep. IF it isn't done before then. I would like to read the CAFTA and NAFTA agreements. I'm sure we'd all revolt if we knew EXACTLY what they have got us into.

They've tried and tried to shut up by using the race card. Now, they are trying to get "hate crimes" and speech banned. As if all crime doesn't involve hate already. Soon, our thoughts must be codified.

Yet, the Brown Berets can wave their VERY-similar-to-Nazi flags, say they will kill Minutemen, and proclaim other vile things, and no one in media or ACLU says one word.

I have NEVER had a racist bone in my body, until now, and I just resent the hell out of the illegals. I have a lot of friends that are Hispanic, and they feel the same way. I think the ACLU is one of the worst things that has ever happened to America, and they just roam free destroying everyone and everything that is decent.

Down that slippery slope - I read today that sexual predators will be tracked by GPS. While I normally would agree with that, and they are the most despicable beings, who will be tracked and monitored next? At the rate the govt. is revoking our rights and not enforcing laws, it looks like sooner rather than later. I won't be too shocked that they decide to put bracelets on "whites," "people with guns," or "people who mentioned treason." It most certainly won't be the illegals wearing tracking devices.

The globalist traitors in our government want to disarm us. In fact, it's written into the UN charter and they have NGO's working all the time on how best to do it. It's all so bizarre that I can see why people think we are falling for a tinfoil conspiracy. Who would believe that the greatest country in the world would be destroyed by it's own government? A lot of this stuff is taken right out of the Bible, and if you know Prophesy, you can see this stuff falling right into place.

[Marine Inspector]

Why don't we just raise the Mexican flag over the White House?

[NRA2BFree]

I saw that world today - where the silver-spoon elites are ensconced in their gated communities, and demand that their slices of ham weigh no more than 1.05 grams (or whatever unit) each.

Their noses are so high in the air, I'm surprised they can breathe. Their disdain for commoners is palpable. Coming back to the "ghetto" was a relief. At least people on my side of town (bottom of the hill) own guns and pickups, support the troops, work hard, and are friendly.

You sound like you live at the "bottom of my hill." :o) That's how I am. I live in the country. I have an SUV, and I keep my guns handy. Don't get me wrong, I've lived a life of privilege, but we were NEVER stuck up, snooty people, and my dad was a Politician. Imagine that. LOL! There's nothing wrong with having nice things, as long as it's kept in perspective.

OTOH, that bunch of Politicians in DC are a waste of human flesh. They forgot how they got to office. Once they got there they began taking massive amounts of money from various sources and they became corrupt. Most all of them belong to CFR, and THEY are the ones who have planned our future. I figured out a long time ago that they believe any American is expendable, and if a whole bunch of us die in the name of globalism, then it's an acceptable sacrifice to them.

[neutrino]

These politicians and bureaucrats should be tried for treason!

Truly.

[blackie]

Protect our borders and coastlines from all foreign invaders!

Be Ever Vigilant!

Minutemen Patriots ~ Bump!

[Borax Queen]

Why don't we just raise the Mexican flag over the White House?

We will by 2010: CFR's Plan to Integrate the U.S., Mexico and Canada

[proudofthesouth]

The SOB is giving away the country without a shot being fired.

I'm in total agreement with you. He's lost my support. I'm beginning to dislike him almost as much as I do the Klintoons.

[politicalwit]

" I won't be too shocked that they decide to put bracelets on "whites," "people with guns," or "people who mentioned treason."

I can't help but think of the advertisement of some bank that's attaching "bar codes" on it customers. You know someone in the corporate world is certainly thinking about "customer" tracking.

[Borax Queen]

Totally. And, they've 'eased' us into it by forcing (if we want the lower price) us to join 'clubs' and get memberships to shop at most major supermarkets. They say it's so they know which coupons to send us, blah blah blah.

[grania]

These totalization agreements sound like a step toward a world government.

This one also sounds like an effort to help bankrupt Social Security.

You gotta' love it (sarcasm). First, the prescription drug "benefit", with billions of dollars going to drug companies, instead of Seniors deciding how their money is spent. Now this Social Security for a foreign country....that would be Seniors contributing to the economy of another country, instead of deciding how to spend their money.

It's all so BRAVE NEW WORLD.......

[grania]

Well, I'm not jumping ship yet because I regard the DNC as the shark in the water over the railing.

If the Dems had the presidency, and this stuff were proposed, "our" Republicans in the HOR and Senate would be fighting it tooth and nail. Now, they're just acting like a ruling class that doesn't give a damn about the voting public except for a little manipulation and a little window dressing here and there.

The way the Republican party is marginalizing it's base, they're going to have to have a President Hillary to get people to contribute again.