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Can undocumented immigrants legally obtain Social Security numbers in the United States?
Executive Summary
Undocumented immigrants in the United States cannot legally obtain a Social Security number (SSN) for work or Social Security benefits unless they have explicit work authorization from the Department of Homeland Security; federal rules tie SSN issuance to employment authorization and immigration status [1] [2]. Undocumented taxpayers can obtain an Individual Taxpayer Identification Number (ITIN) from the IRS to file taxes and access some tax credits, but an ITIN does not confer work authorization, Social Security benefits, or the same legal status as an SSN [3] [4]. Recent policy statements and commentary stress enforcement and benefits eligibility but do not change the statutory link between work authorization and SSN issuance [5] [6].
1. The legal gatekeeper: Why an SSN normally requires work authorization — and what that means in practice
Federal rules require that most noncitizens show immigration status that explicitly authorizes employment before the Social Security Administration will issue a work-authorized SSN. The Congressional Research Service explains that eligibility for an SSN tied to work depends on having an immigration status that specifically authorizes employment, and undocumented immigrants generally lack that employment authorization, which makes them ineligible for a work-authorized SSN [2]. The Social Security Administration’s guidance aligns with this legal framework: noncitizens can get an SSN only if they have permission to work from DHS, and absent that permission the agency will not issue an SSN for employment or benefit purposes [1]. This legal connection means that obtaining an SSN is not merely an administrative formality but a verification of lawful work authority.
2. The other number: ITINs let undocumented immigrants comply with tax law but do not equal SSNs
Undocumented immigrants who need to meet federal tax obligations can apply for an IRS Individual Taxpayer Identification Number (ITIN), a nine-digit tax processing number that the IRS issues regardless of immigration status. The ITIN enables filing federal tax returns and claiming certain tax credits, and the IRS explicitly states that an ITIN does not authorize work, does not change immigration status, and does not qualify the holder for Social Security benefits [4]. Advocates and tax-focused fact checks note that undocumented people routinely file taxes using ITINs, which allows them to contribute payroll or self-employment taxes and, in many cases, adds revenue to Social Security trust funds even though those taxpayers are often ineligible for benefits [7] [3]. The ITIN is a tax compliance tool, not a pathway to an SSN.
3. Policy signals vs. statutory reality: Recent executive actions and their limits
Recent executive-level statements aim to prevent ineligible aliens from receiving Social Security Act benefits, reflecting a policy agenda to tighten benefit access, but they do not rewrite the statutory requirements for issuing SSNs. A Presidential Memorandum in April 2025 focused on ensuring that ineligible aliens do not receive funds under Social Security Act programs, but it did not change the SSA’s process for issuing Social Security numbers [5]. The SSA guidance and CRS analysis remain the controlling explanations of who may obtain an SSN: work authorization remains the determining factor [1] [2]. Policy statements can affect benefit administration priorities, but they do not create new categories of SSN eligibility absent legislative or regulatory change.
4. Contributions versus entitlements: Undocumented payroll taxes and the paradox of exclusion
Undocumented workers frequently contribute to Social Security funding through payroll taxes when paid with valid SSNs or through withheld taxes on ITIN-reported income, and research and advocacy groups note that these contributions help the Social Security system while leaving many contributors ineligible for benefits. The American Immigration Council and other analyses highlight the paradox that undocumented workers’ taxes can strengthen the Social Security trust fund while those same contributors are often barred from claiming benefits [8]. The tax system permits collection via ITINs, and some undocumented workers who use fraudulent or borrowed SSNs for employment may still have payroll taxes credited, but legal eligibility for SSN issuance and for Social Security benefits remains rooted in immigration authorization and documented employment eligibility [3] [2].
5. Bottom line for individuals and policymakers: What is permitted, what is not, and what could change
Under current law and SSA practice, undocumented immigrants cannot legally obtain an SSN for employment or Social Security benefits without DHS-approved work authorization, and the ITIN is the lawful alternative for tax compliance without conferring employment authorization or benefits [1] [4]. Policy proposals and executive actions can clarify enforcement and benefit access but do not by themselves alter the statutory link between work authorization and SSN issuance [5]. Any change that would allow undocumented immigrants to receive work-authorized SSNs or Social Security benefits would require legislative action or new regulatory authority; until then, the SSN remains tied to immigration-authorized work status while ITINs remain the tax-era alternative [2] [7].