IRS, DHS reach deal on information sharing on migrants

The Department of Homeland Security (DHS) and the IRS signed a memorandum of understanding to begin information sharing between the two agencies in an effort to aid with immigration enforcement.

The agreement, first reported by Fox News, will allow the IRS to share the current addresses of migrants who have been ordered removed from the country within the past 90 days.

But a statement from the DHS suggests a far broader reach.

“Under President Trump’s leadership, the government is finally doing what it should have all along: sharing information across the federal government to solve problems. Biden not only allowed millions of illegal aliens to flood into our country — he lost them due to incompetence and improper processing,” the agency said.

“Information sharing across agencies is essential to identify who is in our country, including violent criminals, determine what public safety and terror threats may exist so we can neutralize them, scrub these individuals from voter rolls, as well as identify what public benefits these aliens are using at taxpayer expense.”

There’s no indication those in the U.S. who are not citizens attempt to vote. A Brennan Center study from the 2016 general election showed an estimated 30 incidents of suspected — but not confirmed — noncitizen votes out of 23.5 million, just 0.0001 percent of the votes reviewed.

The Congressional Hispanic Caucus (CHC) blasted the agreement, saying the IRS has “no legal authority” to share taxpayer information.

“The Internal Revenue Code (IRC) explicitly safeguards taxpayer privacy, regardless of immigration status. Under 26 U.S.C. § 6103, tax returns and taxpayer information are strictly confidential and can only be disclosed under narrow exceptions that do not include immigration enforcement,” the caucus wrote in a letter to the IRS obtained by The Hill.

“If taxpayers fear that filing a return could lead to immigration enforcement, they may be discouraged from complying, reducing overall tax revenue and harming tax administration for all Americans.” 

“We urge you to uphold the clear legal mandate that taxpayer information remains protected and reject the illegal use of Individual Taxpayer Identification Number (ITIN) information for immigration enforcement,” they added.

The Washington Post reported last month that the DHS was seeking to gain information on as many 7 million people suspected of being unlawfully present in the U.S.

The department previously sought help from the IRS in locating 700,000 people subject to final removal orders.

Tax information, including people’s names and addresses, is typically shielded from law enforcement, though in some cases, usually under court order, they are able to obtain such information to aid in building a criminal case.

The memorandum would be sharp departure from that arrangement.

IRS has routinely assured migrants — who largely pay taxes regardless of their status — that it is secure to file. IRS officials have worried sharing such information would hinder tax collection.

According to the CHC, immigrants contributed approximately $97 billion in taxes in 2022. They noted that many are parents of U.S. citizen children.

“Using tax data to facilitate deportations would not only be a legal violation but a humanitarian failure. It would tear families apart, destabilize communities, and exacerbate poverty among American children who rely on their parents’ financial support,” they wrote.

The IRS did not respond to request for comment.

— Updated at 5:01 p.m. EDT