How progresses the agreement between IRS and ICE to identify undocumented immigrants?
There are reports that ICE requested information on 40,000 undocumented immigrants, despite judicial limitations
Technically, the Internal Revenue Service (IRS) could only share with Immigration and Customs Enforcement (ICE) the information of undocumented immigrants who are part of a judicial investigation, following a decision by a District Court in Washington, DC
However, the organization Public Citizen, which is leading the lawsuit against the memorandum of cooperation (MOU) between the IRS and ICE, warned that the immigration agency has issued the request to obtain information on at least 40,000 people.
Through the Department of Homeland Security (DHS), to which ICE depends, the IRS was asked to "use confidential taxpayer data to verify their addresses," the organization accuses, citing a report from the Washington Post.
On August 12, the Internal Revenue Service assured Judge Dabney L. Friedrich that it has not provided information to ICE under the memorandum Signed April 7, 2025.
“In prior filings and hearings in this matter, the United States informed this Court that the IRS had not received any requests or provided any information to ICE pursuant to the MOU between DHS and the Department of the Treasury, dated April 7, 2025,” a court document states. “Since that time, the IRS has responded to ICE’s requests for return information submitted by ICE pursuant to the MOU.”
IRS attorney Andrew J. Weisberg claims the agency only “acted solely consistent with the MOU” and 26 U.S.C. 6103(i)(2).
“The IRS cannot lawfully share information about tax credits with ICE without a court order," said Public Citizen attorney Nandan Joshi.
The Court of Appeals for the District of Washington, DC is analyzing whether the IRS can provide ICE with any information on undocumented immigrants with Individual Taxpayer Identification Numbers (ITINs).
Who Leads the IRS?
"It is deeply troubling that a Senate-confirmed IRS commissioner was fired for resisting pressure to violate legal protections for taxpayer privacy," attorney Joshi also said.
Long was the sixth person to lead the IRS, but was removed after a confrontation with President Trump over the impediment to sharing data on undocumented taxpayers, according to the Washington Post, due to court restrictions.
The current head of the IRS is Treasury Secretary Scott Bessent.
This newspaper reported that the tax agency has a system ready to provide information on up to seven million people with ITINs.
Public Citizen's lawsuit is in collaboration with Alan Morrison and Raise the Floor Alliance, on behalf of the United Workers Center, Somos Un Pueblo Unido, Inclusive Action for the City, and Immigrant Solidarity Dupage.