FORM I-9- “Under a Branch” or “in a Branch”: that is the Question

By ftsig-admin | April 28, 2026

1. Introduction

Department if Homeland Security (DHS) is not in any branch of the federal government, but the Social Security Administration was elevated to be in an executive branch of government and that is why they ask for a U.S. Social Security Number on and I-9, because it is in any branch of the federal government. This is relevant to 8 U.S.C. §1324a(a)(7) where “payors” must be a government entities.

Based on a literal reading of the statutes, this statement conclusion aligns with the specific language used in [5 U.S.C. §§ 101–105]. It also aligns the the Privacy Act, which identifies those eligible to receive federal retirement such as Social Security as “federal personnel” in 5 U.S.C. §552a(a)(13):

5 U.S. Code § 552a – Records maintained on individuals

(13) the term “Federal personnel” means officers and employees of the Government of the United States, members of the uniformed services (including members of the Reserve Components), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States (including survivor benefits).

2. The Statutory Hierarchy (5 U.S.C. §§ 101–105)

§ 101. Executive departments: Lists the [Cabinet-level departments] (State, Treasury, etc.) but does not state they are “in” a branch.
§ 102. Military departments: Lists the Departments of the Army, Navy, and Air Force but likewise does not place them “in” a branch.
§ 104. Independent establishment: Explicitly defines an “independent establishment” as being “in the executive branch”. Crucially, it clarifies that an independent establishment is not an Executive department, military department, or government corporation.
§ 105. Executive agency: Creates an umbrella term that includes all the above: Executive departments, Government corporations, and independent establishments. [1, 2, 3, 4, 5]

3. The Elevation of the SSA (42 U.S.C. § 901)

In 1994, the [Social Security Independence Act] removed the Social Security Administration from “under” the [Department of Health and Human Services] (an Executive department) and re-established it as an “independent agency in the executive branch of the Government”. [3, 6]

4. The Literal Reading Summary

By strictly following these texts:

Departments are “Executive agencies” (§ 105) but are not defined as being “in the executive branch” by § 104.
Independent establishments (like the SSA) are explicitly placed “in the executive branch” by law to grant them a standing separate from the departments.
This elevates the independent agency to report directly to the President, ensuring that departments (which are not “in” the branch by this specific statutory logic) cannot overrule the agency’s specialized legal determinations. [5, 6, 7, 8, 9]

Footnotes:

Posted in Employment and tagged I-9