April 7, 2025regulatory actionimmigration enforcementtax policycivil libertiesimmigrationtaxationprivacy
IRS and ICE finalize MOU allowing sharing of immigrant taxpayer data to identify deportation targets
The IRS and ICE finalized a memorandum of understanding on April 7, 2025 allowing ICE to obtain taxpayer names, addresses, and tax data for individuals under final removal orders or active federal criminal investigation. The MOU invoked an exception to Section 6103 of the Internal Revenue Code—which generally prohibits IRS disclosure of taxpayer information—on the grounds that immigration enforcement constitutes a federal criminal investigation. Civil liberties organizations immediately filed legal challenges arguing the agreement violated statutory privacy protections for the estimated 11 million undocumented immigrants who file taxes using Individual Taxpayer Identification Numbers.
Sources
IRS & ICE Immigration Data-Sharing Agreement: ExplainerAP report: IRS acting commissioner resigning over deal to send immigrant tax data to ICESenators demand answers from Treasury on IRS's data-sharing deal with ICECourt Lets IRS Share Taxpayer Data with ICE Under Memorandum of UnderstandingWhats Old is New Again: the Expansion of Sharing Tax Information