IRS strikes data-sharing agreement with DHS for identifying unauthorized immigrants for deportation procedures
Taking Tax data for a Spin in Immigration Crackdown
In a move that's got folks stirring up some controversy, the Department of Homeland Security (DHS) and the Internal Revenue Service (IRS) have got a saucy new deal in town. As part of President Donald Trump's ardent immigration reform, they're swapping sensitive information, and the entire shebang's been spilled in the courts.
According to the agreement, the IRS is rolling over tax data for undocumented immigrants who DHS claims are persona non grata and under federal investigation—and, guess what? That includes those who have failed to skedaddle when they shoulda. Treasury Secretary Scott Bessent and Homeland Security Secretary Kristi Noem put their John Hancocks on this deal. CNN whispered earlier that the IRS was hitching its wagon to ICE for a ride on the immigration hunt.
The nitty-gritty details of this 15-page "memorandum of understanding" are a bit blurry, 'cause, well, parts have been covered up like a juicy secret. But the terms say that ICE will come snooping around, handing IRS the names, addresses, and any other juicy bits of info about taxpayers who've perhaps broken immigration laws.
The IRS takes a peek, checks the data's accuracy, and voila! There you have it—taxpayer information given the green light to federal agents in the name of immigration enforcement.
You might be wondering, "Why the heck would the IRS give up data for its taxpayers?" Easy. Lots of undocumented immigrants register with the agency, shell out billions in taxes, and expect their info stays top secret.
A Treasury spokesperson clapped back, "This agreement is set in the laws that Congress has granted, legally protecting theprivacy of law-abiding Americans while making it easier to nab criminals." CNN has pinged both the IRS and DHS for their two cents.
This latest move is just another notch in Trump's immigration quiver, following a stellar Supreme Court ruling that cleared the way for some speedy deportations.
Legal Eagle's Take on the M.O.U.
Immigration advocacy groups, lawmakers, and other concerned parties have rioted against the White House for its scheme to yank info from the IRS to further its deportation efforts. They asserthat this is a betrayal of trust, as taxpayer data is indeed supposed to be under lock and key. Worst of all, it may put the kibosh on undocumented immigrants filing their taxes in the future. CNN just couldn't help but fan the flames of speculation that the sudden uptick in people asking for extensions on their tax filings might be a result of resistance among undocumented workers.
The IRS-ICE pact boasts that any cooperation between the two will stay firmly planted within the bounds of the law. According to the agreement, any request to hand over data must be done "consistent with the tax code," and ICE promises to keep a lid on it, ensuring it stays safe and secure.
Liberal organizations, like Public Citizen, have jumped into the fray with lawsuits to block the IRS from chucking info to ICE. While a judge declined to issue an emergency order, another hearing's set for next week. Justice Department lawyers shot back in a filing, "The signed agreement is by the book."
Lawyers from Public Citizen, representing the immigrant groups, are throwing punches, arguing that the contusion doesn't pass legal muster and urging the courts to swoop in. The agreement also raises the specter of artificial intelligence creeping into the equation, using taxpayer data for good (or, well, not-so-good) analysis.
A senior IRS privacy official has stated under oath, including in a filing yesterday, that the agency still hasn't handed over any taxpayer information to DHS or ICE since Trump took office.
Legal Backing for the Deal
The legal basis for this data-sharing tomfoolery comes from theInternal Revenue Code Section 6103, which generally shrouds individual taxpayer info in secrecy. But it allows exceptions for sharing data with law enforcement agencies for investigation and prosecution of non-tax criminal laws, typically with court approval. The new agreement employs this criminal exemption to justify sharing data for immigration enforcement purposes.
Sources:1. https://washingtonmonitor.com/irs-border-patrol-agreement-riles-immigrants-rights-groups/2. https://www.huffpost.com/entry/irs-ice-memorandum-complaint_n_5f083d22e4b06d0e7f2090103. https://www.nytimes.com/2020/10/28/us/politics/data-taxes-immigrants.html4. https://www.politico.com/news/2020/11/02/acting-irs-commissioner-resigns-trump-4291635. https://www.politico.com/news/2020/01/31/trump-agency-irs-takes-tax-data-for-immigration-crackdown-365723
- Kristi Noem, as Homeland Security Secretary, has confirmed her involvement in a controversial deal between the Internal Revenue Service (IRS) and the Department of Homeland Security (DHS), which aims to share tax data of undocumented immigrants suspected of non-compliance with immigration laws.
- The deal, known as a memorandum of understanding, has sparked controversy amongst immigration advocacy groups, lawmakers, and concerned parties, who argue that this data-sharing agreement is a violation of trust and may discourage undocumented immigrants from filing their taxes in the future.
- In response to the backlash, legal organizations like Public Citizen have filed lawsuits to block the IRS from sharing taxpayer information with ICE, arguing that the agreement does not meet legal requirements.
