US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 1004

Disqualifications

(a)

In general

section 1002 of this titleNotwithstanding , an individual may not be a qualified individual for any month—
(1)
that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 1227(a) or 1182(a)(6)(A) of title 8 and before the month in which the individual is lawfully admitted to the United States for permanent residence;
(2)
during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed;
(3)
during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or
(4)
section 3329 of title 31 during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under .
(b)

Requirement for Attorney General

For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8.

Aug. 14, 1935, ch. 531Pub. L. 106–169, title II, § 251(a)113 Stat. 1845Pub. L. 108–203, title II, § 203(c)118 Stat. 511(, title VIII, § 804, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

section 1001 of this titleFor prior provisions, see note set out under .

Amendments

Pub. L. 108–2032004—Subsec. (a)(2). substituted “or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed” for “or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State”.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Pub. L. 108–203section 203(d) of Pub. L. 108–203section 402 of this titleAmendment by effective on the first day of the first month that begins on or after the date that is 9 months after , see , set out as a note under .