Solicitor general Donald Verrilli is signaling that President Barack Obama is going to provide Social Security retirement and disability benefits to illegal aliens.

CNS News's Terry Jeffrey reports that in the case U.S. v. Texas, where a majority of states are suing against the Deferred Action for Parents of Americans and Lawful Residents, that lets "aliens in this country illegally who are parents of citizens or lawful permanent residents to stay in the United States," Verrilli argues in his brief that through prosecutorial discretion the administration can give Social Security and disability benefits through the executive branch.

"Without the ability to work lawfully, individuals with deferred action would have no way to lawfully make ends meet while present here," the brief reads.

While illegals are not eligible for welfare, the administration believes that they can receive benefits for "earned-benefit programs," such as Social Security and Medicare.

The prosecutorial discretion argument is not applicable in this case because prosecutorial discretion refers to prioritizing cases as a result of limited resources. Providing Social Security retirement and disability benefits goes a step further than that and is beyond the power of the executive branch, whose job is to enforce the law instead of writing the law.

As radio host and constitutional scholar Mark Levin writes in Plunder and Deceit, illegal alien households receive $24,721 per household in government benefits and pay only $10,334 per household in taxes, resulting in a yearly deficit of $54.5 billion. Additionally, the Social Security trust fund faces $22 trillion in unfunded liabilities and by 2033, the program will be insolvent and benefits will have to be slashed. The Social Security disability program is in far worse shape, as it is expected to run out of money in 2016.

Not only is the DAPA program illegal, it will further strain the country's finances and entitlement programs that are already in dire straits. That doesn't appear to faze the Obama administration, as they are prepared to argue to the Supreme Court that they will offer these benefits to illegals.