Controversy Over ICE Access to Immigrant Data

Controversy Over Possible ICE Access to Immigrant Data
As reported by Univisión
Here are the details

The U.S. government, under President Donald Trump’s administration, is finalizing an unprecedented agreement between the Internal Revenue Service (IRS) and Immigration and Customs Enforcement (ICE).

According to reports from The Washington Post and The New York Times, the goal is to make it easier to locate undocumented immigrants with final deportation orders.

This agreement would allow the IRS—responsible for tax collection—to share sensitive taxpayer information with ICE, including names and addresses of individuals with irregular immigration status.

The measure is part of the administration’s increasingly strict immigration policy and has sparked concerns about potential misuse of data that is legally protected.

Unprecedented Use of Tax Data

Trump administration finalizing agreement for IRS to help ICE locate undocumented immigrants with deportation orders: reports. https://t.co/qnt565lafl

— Univision Noticias (@UniNoticias) March 23, 2025

According to the reports, ICE could request that the IRS verify the addresses of immigrants with deportation orders, allowing immigration authorities to confirm whether these individuals still live at the addresses they reported.

Up until now, the law has strictly protected the information provided to the IRS by any taxpayer, including those who file taxes using an Individual Taxpayer Identification Number (ITIN).

The Washington Post obtained a draft of the agreement, which states that verification requests could only be approved by Homeland Security Secretary Kristi Noem or ICE Acting Director Todd Lyons.

Each request must include specific details, such as the taxpayer’s name and the date of their deportation order, to facilitate verification.

Debate Over Section 6103

Trump administration finalizing agreement for IRS to help ICE locate undocumented immigrants with deportation orders: reports. https://t.co/4hh1xb6eo4

— Primer Impacto (@PrimerImpacto) March 23, 2025

Using tax data for immigration enforcement raises legal questions about the scope of Section 6103 of the Internal Revenue Code, which prohibits the disclosure of taxpayer information except in very limited cases, such as non-tax-related criminal investigations.

According to an analysis by the American Immigration Council, this provision was designed to protect taxpayer privacy and prevent government overreach.

However, the proposed agreement would mark a significant shift in how the law is interpreted.

It could pave the way for similar data requests from other government agencies.

The Role of Immigrants in the Tax System

Despite lacking legal status, millions of undocumented immigrants contribute to the U.S. tax system.

Instead of a Social Security number, they use an ITIN to report their income and pay federal taxes. According to the American Immigration Council, in 2015 more than 4.4 million ITIN filers paid over $23.6 billion in taxes.

This contribution has been rooted, in part, in the trust that their information would remain confidential.

However, the potential collaboration between the IRS and ICE now casts doubt on that protection—and could discourage many from fulfilling their tax obligations out of fear of deportation.

Controversy Over Possible ICE Access to Immigrant Data

The agreement has not yet been implemented and may face legal challenges if it is deemed to violate Section 6103.

It may also reignite debate in the U.S. over data privacy and the balance between national security and immigrant rights.

The issue is part of the Trump administration’s broader strategy to tighten immigration policies and increase deportations—including of individuals with no criminal record.

For now, civil rights organizations, immigration attorneys, and legal analysts are closely monitoring the situation and evaluating its potential consequences.

YOU MAY BE INTERESTED: New York Court Revokes Voting Rights for Residents