A federal judge in the United States on Monday, May 12, refused to block an agreement that allows the Internal Revenue Service (IRS) to share tax information with Immigration and Customs Enforcement (ICE). The goal is to identify and deport to immigrants without legal status.
The decision, issued by Judge Dabney Friedrich—appointed by Donald Trump—represents a victory for the immigration policies promoted by his administration. This administration has sought to expand the collaboration between federal agencies to strengthen immigration controls.
Who does it affect?
This case directly impacts thousands of undocumented immigrants who, despite not having legal authorization to be in the country, comply with their tax obligations through a tax identification number (ITIN).
The plaintiffs, made up of nonprofit groups, maintain that these individuals deserve the same privacy guarantees as any other taxpayer. However, the court ruling finds that the law allows some data sharing if it is used for specific criminal purposes.
Related: The IRS is willing to share information about taxpayers with ITINs with ICE.
Disbelief over data handling
The judge concluded in her ruling on Monday that the data-sharing agreement drafted by the Trump administration was designed with sufficient care. Thus, it complies with the law, at least in appearance.
The Justice Department has argued that requests for private data will only be directed at individuals criminally investigated for disobeying deportation orders. However, immigrant groups maintain that this is a thinly disguised pretext for circumventing the law. .
“Requesting and receiving information for civil enforcement purposes would constitute a cognizable harm. But neither organization has demonstrated that such harm is imminent,” Friedrich wrote, adding, “The memorandum only permits information sharing for criminal investigations. Based on the limited record presented, the court cannot assume that DHS intends to use the shared information to facilitate civil rather than criminal proceedings.”
Since when has it been applied?
The agreement began to be implemented in recent weeks, shortly after the resigns from a former acting IRS commissioner, who questioned this practice.
With this change, ICE can send the IRS the names and addresses of people it suspects are in the country illegally. The IRS, in turn, compares this information with its tax records.
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What can and can't the IRS share?
According to Judge Friedrich's ruling, the IRS can share basic information such as a person's name, address, or taxpayer identification number. This is possible whenever another federal agency properly requests it for a criminal investigation.
However, it cannot disclose information submitted directly by the taxpayer, such as tax returns, unless there is a very specific legal justification. Sharing data that the IRS has obtained independently, for example through audits, is permitted.
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Consequences and reactions
The decision has raised alarm among civil rights organizations. They warn that the use of tax information for immigration purposes could set a dangerous precedent and affect the privacy of all taxpayers.
The Treasury Department, for its part, defends the agreement as part of efforts to enforce the law and strengthen national immigration policy.
The plaintiff organizations maintain that the litigation remains ongoing. They will also closely monitor any attempts to misuse the shared information.
*With information from AP
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