IRS Looks At Sharing Address Data With ICE For Final Deportation Cases

Illegal immigrants who have been told to leave the United States could soon have their tax documents used against them. The IRS is close to finalizing a limited deal that would allow ICE to confirm whether these individuals are living at the addresses they provided on tax filings.

While the IRS would not give ICE open access to tax files, it would respond to individual requests by confirming if a submitted address matches what was reported to the IRS. Only the Homeland Security Secretary or the acting ICE director would be able to submit these requests.

The plan follows several leadership changes inside the IRS. Earlier this year, acting commissioner Doug O’Donnell refused a request from Homeland Security involving data on hundreds of thousands of suspected illegal immigrants. He retired shortly afterward and was replaced by Melanie Krause, who is reportedly more willing to cooperate. The IRS’s chief legal adviser, who had previously resisted these efforts, was also replaced.

Illegal immigrants who file tax returns typically use a special nine-digit number called an ITIN. The IRS created the system to allow workers without Social Security numbers to report income. Tax forms using ITINs often contain information about employers, home addresses and wages.

The IRS’s confidentiality rules have been in place for decades and are credited with encouraging tax compliance even among people in the country illegally. Federal law allows law enforcement access to tax data only under narrow circumstances. According to internal discussions, the proposed agreement would apply only to individuals already under removal orders and considered part of an ongoing criminal immigration investigation.

The Trump administration has made no secret of its plans to increase deportations and has been pressing other federal departments to assist in the effort.

The IRS has previously been asked to audit companies suspected of hiring illegal immigrants as part of DHS enforcement actions.