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An Open Letter

To: Sen. Budd, Sen. Tillis

From: A verified voter in Waxhaw, NC

September 19

I urge you to vote against H.R. 10326, the PROOF Act, which passed the House on September 16, 2026, and now faces Senate consideration. While fraud prevention is legitimate, this bill contains a dangerous vagueness that invites abuse. It grants the Attorney General broad authority to request state data for "fraud investigations" without defining fraud. This ambiguity creates an opening for an administration to redefine, for example, immigrants' use of federal benefits as fraudulent, even when they met all eligibility requirements at enrollment or when their immigration status changed after benefits began. The current AG no doubt has a list of other groups he sees as political enemies that he will wish to investigate for fraud. The bill's most glaring flaw is the absence of explicit prohibitions on sharing data with Immigration and Customs Enforcement. An administration could argue that investigating "fraud" by non-citizens legitimately involves immigration enforcement, thereby justifying data transfers to ICE for deportation proceedings. A non-citizen who lawfully received SNAP or Medicaid could have their personal information, including identity, location, and family details, handed to ICE based on a broad reinterpretation of fraud. This represents an unacceptable risk to privacy and civil liberties, particularly given the current administration's record of prosecuting political adversaries and targeting immigrant communities. To protect vulnerable populations, H.R. 10326 requires substantial amendments before passage: explicit carve-outs prohibiting data sharing with immigration enforcement agencies, a precise definition of fraud that excludes immigration status changes after enrollment, judicial review requirements before data sharing with agencies outside the Justice Department, and independent oversight to prevent partisan misuse. The bill's vagueness is not accidental. It is a feature designed to allow future administrations to expand its scope far beyond stated intent. Constituents deserve government protection of their privacy and fair treatment, not back doors for mass data sharing with enforcement agencies. I request that you vote against the PROOF Act unless and until amendments include narrower fraud definitions, explicit protections for non-citizens, and clear prohibitions on immigration enforcement access to this data. Thank you for considering this critical issue.

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