Abstract
In 1996, Congress adopted fugitive felon provisions as part of a comprehensive welfare overhaul to ensure that public funds are not employed to fuel a fugitive's escape from the law. Subsequently, the SSA incorporated the provision into its administrative bylaws with language that suspends the SSI benefits of disabled individuals who have warrants out for their arrest and are fleeing to avoid prosecution. Indeed, the SSA has worked successfully with the FBI and local law enforcement agencies to both apprehend fugitive felons and suspend SSI benefits, thereby fulfilling the provision's measure. However, the SSA has interpreted the provision's phrase "fleeing to avoid prosecution" to mean only that an active warrant has been issued for an individual's arrest. Thus, an active warrant is per se grounds for benefit suspension. However, the SSA's interpretation is unreasonable in so far as it ignores the plain meaning and general understanding of "fleeing to avoid prosecution," which requires intent to flee. As a result of the SSA's interpretation, the SSI benefits of many disabled individuals are being suspended when those individuals have no intent to flee prosecution and are often unaware that a warrant has been issued for their arrest. Benefit suspensions in this context do not fulfill the aim of the provision. Thus, the SSA should adhere to the plain meaning of "fleeing to avoid prosecution" and in so doing require a finding of intent to flee before suspensions are triggered. Applied in this way, the fugitive felon provision will maintain its integrity and fulfill its worthy measure while avoiding unjust results.
Recommended Citation
2005 ULR 1079 (2005)