I just received this letter from my Rep.Chris Smith. I am very happy.


Knowing of your concerns for the integrity and protection of our Social Security program and your opposition to the pending U.S. Totalization agreement with Mexico, I am writing to update you on acitons to further ensure that only those who legally qualify are able to receive Social Security retirement and disability benefits and that international agreements appropriately protect the interest of U.S. citizens.

Just yesterday, I voted for and the House passed an amendment to HR 3043, the Labor Health and Human Services, Education, and Related Agencies Appropriations bill for Fiscal Year 2008 which would block the payment of benefits under the proposed totalization agreement with Mexico. Of great concern to me is the unkown number of potential reciprients. For instance, the Social Security Administration (SSA) estimates that should a totalization agreement with Mexico be finalized, 50,000 people plus dependents and survivors woudl receive benefits within the first five years. However, in 2003 a Government Accountability Office (GOA) report to Congress, the GOA said that this figure did not account for the "estimated millions of current and former unauthorized workers and family members from Mexico" who may be living in the United States.

As you know, in 2004, the U.S. signed a totalization agreement with Mexico. This agreement, however, is not binding until the Social Security Administration(SSA) and its counterpart in Mexico address implementation issues and make any necessary amendments. The President of the United States will then review the document and send it to Congress for its final approval. to date, Congress has not received the agreement from the President and has therefore not had the opportunity to approve or disapprove the totalization agreement.

Although the U.S. has totalization agreements with Canada and many of our close allies in Europe, an agreement with the Mexico poses an interesting dilema as the U.S. has millions of undocumented workers and illegal aliens currently residing with our borders and thus "the cost of a totalization agreement with Mexico is highly uncertain." It is very important to note that the pending agreement maintains the legal requirement that aliens must be LAWFULLY PRESENT in the United States and have work authorization at some time to receive benefits under the agreement. Even so, I share your concerns with the preceived inconsistencies between the immigration and Social Security system and am keenly aware of the implications this totalization agreement will have on both U.S. workers and those from Mexico.

Of course, the best way to avoid paying Social Security benefits to ineligible illegal immigrants is to make sure that these individuals are not improperly paying into the Social Security system in the first place. For this reason, I am a strong supporter of employee verification and tough sanctions for employers who violate the law and I supported The Reform and Immigrant Responsibility Act of 1996 that was signed into law by the President (P.L. 104-10. The law established a basic pilot program for employment eligibility and confirmation to enable employers to voluntarily verify the new hires are legal, U.S. citizens or that they have legal permission to be in the United States and work. I have supported the reauthorization of this program through the years and am a strong and vocal advocate for efforts to make use of this employer verification program mandatory for every employer across the country.

In closing, please know that I will continue to look for opportunities to support legislation that appropriately addresses loopholes in our immigration and Social Security Security Systems and will remain vigilant with regards to the Mexican Totalization agreement. In the meantime, please feel free to contact me regarding this or any other issue of concern.

Sincerely,

Christopher H. Smith NJ House of Representative