María Ramírez, an undocumented immigrant who has filed her taxes for more than two decades using an Individual Taxpayer Identification Number (ITIN), now fears that complying with her tax obligations could make her a target for deportation.
This fear intensified following the announcement of an agreement between the Internal Revenue Service (IRS) and the Department of Homeland Security (DHS), which allows Immigration and Customs Enforcement (ICE) to access tax information of certain undocumented taxpayers, according to Efe news agency.
What is going on between the IRS and DHS?
The agreement, signed by Treasury Secretary Scott Bessent and Homeland Security Secretary Kristi Noem, provides that ICE may request tax data on individuals with final orders of deportation or under criminal investigation.
Although DHS must provide specific names and addresses for the IRS to verify the information, activists and Democratic lawmakers warn that this precedent could erode the confidentiality of tax data and deter immigrants from complying with their tax obligations.
Senator Alex Padilla expressed his concern, calling the agreement a betrayal of the federal government’s decades-long promise of confidentiality.
The controversy has led to resignations at the IRS.
Melanie Krause, acting commissioner, resigned after being sidelined in the decision to share data with ICE.
His departure follows that of other senior officials who expressed concerns about the legality of the deal and its impact on public confidence.
What risks do immigrants face when filing taxes?
Buzzy
Legal experts point out that section 6103 of the Internal Revenue Code protects the confidentiality of tax information, allowing disclosure only in limited circumstances, such as criminal investigations with judicial approval.
However, the new agreement could expand ICE’s access to tax data without traditional safeguards, raising concerns about potential privacy violations.
Immigrant rights organizations, such as Make the Road New York, urge undocumented taxpayers to seek legal advice before filing their returns.
Immigration attorney Alex Galvez recommends using P.O. Box addresses instead of residential addresses to minimize risk.
Economic impact of this measure
The measure could also have significant economic repercussions.
In 2022, undocumented immigrants contributed approximately $100 billion in federal, state and local taxes.
A decrease in the filing of returns could affect tax revenues and the economy in general.
Meanwhile, groups such as Centro de Trabajadores Unidos have filed lawsuits to stop the implementation of the agreement, arguing that it violates privacy laws and could have devastating effects on immigrant communities.
Newsweek
María Ramírez sums up the feelings of many:
What they want is to scare us so much that we'll leave. It's sad to see how this country doesn't value us today, but during the pandemic, we were essential
María Ramírez
Frequently Asked Questions
Can I be deported for filing taxes with ITIN? Not directly, but a new agreement between the IRS and DHS could allow access to your tax information if you have a deportation order.
Do I still have to file taxes if I am undocumented? Yes, but it is recommended to do so with legal advice and, if possible, using P.O. Box addresses to protect your information.
What is the ITIN and why do undocumented immigrants use it? It is a tax identification number issued by the IRS to individuals without legal immigration status, used to file taxes.
For more Immigration news, visit QueOnnda.com.
