By FATIMA HUSSEIN
WASHINGTON (AP) — The Internal Revenue Service has agreed to share immigrants’ tax data with Immigration and Customs Enforcement for the purpose of identifying and deporting people illegally in the U.S., according to a document signed by Treasury Secretary Scott Bessent and Department of Homeland Security Secretary Kristi Noem.
The new data-sharing arrangement was signed on Monday in the form of a “memorandum of understanding” — found in federal court filings — and will allow ICE to submit names and addresses of immigrants inside the U.S. illegally to the IRS for cross-verification against tax records.
Treasury argues that the agreement will help carry out President Donald Trump’s agenda to secure U.S. borders and is part of his larger nationwide immigration crackdown, which has resulted in deportations, workplace raids, and the use of an 18th century wartime law to deport Venezuelan migrants.
Advocates, however, say the IRS-DHS information sharing agreement violates longstanding privacy laws and diminishes the privacy of all Americans.
The basis for the agreement is founded in “longstanding authorities granted by Congress, which serve to protect the privacy of law-abiding Americans while streamlining the ability to pursue criminals,” said a Treasury official who spoke on the condition of anonymity to explain the agency’s thinking on the agreement.
The IRS had already been called upon once to help with immigration enforcement earlier this year.
Noem in February sent a request to Bessent to borrow IRS Criminal Investigation workers to help with the immigration crackdown, according to a letter obtained by The Associated Press. It cites the IRS’ boost in funding, though the $80 billion infusion of funds the federal tax collection agency received under the Democrats’ Inflation Reduction Act has already been clawed back.
A collection of tax law experts for the NYU Tax Law Center wrote Monday that the IRS-DHS agreement “threatens to violate the rights that many more Americans have under longstanding laws that protect their tax information from wrongful disclosure or dissemination.”
“In fact, it is difficult to see how the IRS could release information to DHS while complying with taxpayer privacy statutes,” they said, “IRS officials who sign off on data sharing under these circumstances risk breaking the law, which could result in criminal and civil sanctions.”
The memo states that the IRS and ICE “will perform their duties in a manner that recognizes and enhances individuals’ right of privacy and will ensure their activities are consistent with laws, regulations, and good administrative practices.”
Representatives from DHS and ICE did not immediately respond to a request for comment.
