Ilustración fotográfica de Borderless Magazine. Fuente de la imagen: Max Herman/Borderless Magazine Un nuevo acuerdo permite al IRS compartir datos e información sobre los contribuyentes con el ICE. Esto es lo que debe saber al declarar sus impuestos.
Tax Day this year looks different for undocumented immigrants because the Internal Revenue Service is shifting how it shares taxpayer data. For the first time, the IRS will allow immigration authorities to request access to individual taxpayer data to aid its deportation operations.
It’s President Donald Trump’s latest effort to use federal agencies traditionally not involved with immigration proceedings in his administration’s goal of mass deportations.
The Department of Homeland Security’s memorandum of understanding to work with the IRS contributed to the resignation of top IRS officials, including the agency’s commissioner. The commissioner’s resignation was the third this year, as one previous commissioner resigned on Inauguration Day and another retired after refusing to sign the data-sharing agreement with DHS, which oversees Immigration and Customs Enforcement.
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Immigrant rights advocates say the agreement violates taxpayer privacy and will push undocumented taxpayers deeper into the shadows.
“[This] has certainly never been done before,” said Bradley Jenkins, managing attorney at the Amica Center for Immigrant Rights. “I do fear it is going to sweep up a lot of people who are trying to play it right.”
Borderless Magazine compiled a guide about this new deal, its potential impact, and what to know this Tax Day.
What’s the new deal with ICE and the IRS?
Según court documents, ICE and the IRS have signed a memorandum of understanding (MOU) referencing a part of the IRS’ code that allows the agency to share information about individuals “under criminal investigation.” Typically, the IRS is restricted from sharing information about individuals and their tax returns.
An MOU isn’t legally binding but sets expectations for how different groups should work together.
In this new deal, DHS can request information from the IRS about specific individuals, such as their home address, phone number or other identifying information.
The new agreement does not mean that DHS has blanket access to all of the IRS’ data.
Who’s impacted by these changes?
Immigrants who do not have legal status and are already at risk of deportation will likely be targeted by this policy change. The MOU states that DHS can only request information from the IRS about people “under criminal investigation.” That will likely include immigrants who:
- Have a final order of removal from the immigration court
- Were deported previously and have reentered the U.S. unlawfully
However, the broad nature of the MOU means both citizens and noncitizens could potentially see their tax data being shared with DHS.
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How could these changes impact government budgets?
Federal and local governments may also lose billions of dollars in tax revenue from undocumented immigrants who may no longer choose to pay taxes for fear of deportation.
“Immigrants have been paying billions of dollars in taxes and the judgment, to date, has been that we want to encourage them to do so,” Jenkins said.
If undocumented immigrants stop paying taxes, Illinois, for example, could lose up to $1.5 billion a year in tax revenue, according to the Institute on Taxation and Economic Policy.
Has the IRS ever done something like this before?
No. The IRS has, for many years, actually encouraged undocumented immigrants to file and pay their taxes.
For example, the IRS created the Individual Taxpayer Identification Number (ITIN) program so people “who do not have, and are not eligible to obtain, a Social Security Number” could pay taxes. The IRS has issued almost 26 million ITINs since the program began in 1996, according to the Treasury Inspector General for Tax Administration.
Should I still file my taxes this year?
Under federal law, anyone who earns money in the United States is required to file a tax return. Choosing not to do so could result in criminal charges.
If you have an ITIN or previously paid taxes, the IRS already has records of your tax filings that contain your personal information. According to court documents, as of April 7, the IRS has not yet provided any taxpayer information to DHS. However, your pre-existing information may be subject to the new agreement.
If you are in the U.S. without legal status, it is best to consult with a lawyer familiar with your immigration case to understand the risks and benefits of filing your taxes this year.
What are immigrant rights advocates saying?
Several congressional Democrats, including Rep. Delia C. Ramirez of Illinois’ 3rd District, wrote a letter to DHS and IRS last month urging the federal agencies not to proceed with the agreement.
“If immigrants fear that filing taxes could expose them to deportation, many will choose not to file,” they escribió. “This would increase deficits and shift a higher proportion of the tax burden onto American citizens.”
Similarly, the CEO of the New York Immigration Coalition, Murad Awaedeh, condemned the IRS’ decision, stating it threatened the safety of thousands of taxpayers.
“Instead of punishing people who contribute and comply with our tax laws, our government should be working to protect their rights and build trust,” Awaedeh said.
Este artículo es sólo para fines informativos. Borderless Magazine no presta asistencia legal ni asesoramiento legal.
Katrina Pham es la reportera de audiencia de Borderless Magazine. Envíe un correo electrónico a Katrina a [email protected].
Tara Mobasher es becaria de Northwestern Medill Reporting en Borderless Magazine. Envíe un correo electrónico a Tara a [email protected].
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