Topline
The IRS reached an agreement with the Department of Homeland Security on Monday to give immigration officials sensitive data about taxpayers to help President Donald Trump’s deportation agenda, multiple outlets reported.
This March 22, 2013, file photo shows the exterior of the Internal Revenue Service building in … More
Key Facts
The IRS agreed to provide DHS with information about undocumented immigrants who are facing deportation orders and under federal criminal investigation, according to court filings—though parts of the filing detailing what the IRS agreed to give are redacted.
The agreement states DHS had not yet requested any information from the IRS and the IRS had not given any return information to DHS.
The agreement also outlines guidelines for how the sensitive information the IRS gives to DHS should be handled and states both the “IRS and ICE will ensure the integrity and accuracy of personal and financial data.”
Forbes has reached out to the IRS and DHS for comment on the agreement.
Get Forbes Breaking News Text Alerts: We’re launching text message alerts so you’ll always know the biggest stories shaping the day’s headlines. Text “Alerts” to (201) 335-0739 or sign up here.
What Can Ice Request From The Irs?
The information on what Homeland Security and Immigration and Customs Enforcement can request was redacted in the memorandum of understanding between the agencies, so it’s not yet clear what information the IRS will have to turn over. The agreement outlines that DHS will submit requests to the IRS with names and addresses of the taxpayer, along with what periods they submitted return information in and why the information they want is relevant to the criminal investigation or proceeding. While there aren’t specifics on what information the IRS will give, the document says ICE will maintain “all Federal tax returns and return information sourced from the IRS,” though, which can include information like current addresses and information about dependents that could help people be located, according to the initial lawsuit.
Key Background
The agreement stemmed from a lawsuit seeking to prevent the IRS from sharing information with DHS. The suit was filed by Public Citizen Litigation Group on behalf of activist groups Centro de Trabajadores Unidos and Immigration Solidarity DuPage against the Treasury Department and the IRS, and alleged the departments were “forbidden by law” from giving DHS names and addresses of people with individual taxpayer identification numbers, which are issued to non-U.S. citizens to pay taxes. The lawsuit said a code of the IRS states “[r]eturns and return information shall be confidential” and can only be disclosed when authorized, but the suit noted none of the authorization reasons include giving information to “facilitate enforcement of the federal immigration laws.”
Chief Critic
“The IRS has gone back on its duty to protect taxpayer information from improper disclosure,” attorney Nandan Joshi, a lawyer with Public Citizen, told CNN about the deal. “If allowed to stand, this agreement will provide a roadmap for federal law enforcement to gain access to confidential taxpayer information without obtaining court order as required by law.”
Contra
Immigration officials suggested they may ask the IRS for information on 7 million people to assist with detaining and deporting them, The Washington Post reported over the weekend.
Further Reading
DHS officials ask IRS to use tax data to locate up to 7 million immigrants (The Washington Post)
I.R.S. Agrees to Share Migrants’ Tax Information with ICE (The New York Times)
IRS reaches data-sharing deal with DHS to help find undocumented immigrants for deportation (CNN)
