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2.0

DHS seeks information from IRS regarding certain noncitizens

  1. Original Date Announced

    February 28, 2025

    The Washington Post reports that DHS asked the IRS to divulge the last-known home addresses, phone numbers, and email addresses of 700,000 potentially undocumented immigrants. DHS also asked the IRS to deploy auditors and criminal investigators to launch probes of businesses suspected of hiring immigrants not authorized to work. The memo follows a prior DHS request to allow immigration officials to provide names and obtain home addresses. IRS leadership initially refused DHS's requests; however, a new acting IRS commissioner has since taken over and indicated interest in compliance.

    Trump 2.0 [ID #1583]

    2025.02.28 Reported: DHS asks IRS for information about undocumented immigrants - Washington Post
  2. Effective Date

    February 27, 2025
  3. Subsequent Trump and Court Action(s)

    • March 7, 2025

      2025.03.07_Complaint - Centro de Trabajadores Unidos v. Bessent, 1:25-cv-00677, (D.D.C.)

      Centro de Trabajadores Unidos and Immigrant Solidarity DuPage, two Illinois-based immigrant advocacy organizations, filed a complaint seeking declaratory and injunctive relief against the Treasury and the IRS for alleged violations of Internal Revenue Code § 6103(a) for attempting to share taxpayer data with DHS and ICE. Centro de Trabajadores Unidos v. Bessent, 1:25-cv-00677 (D.D.C.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

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    • March 20, 2025

      2025.3.20 Centro de Trabajadores Unidos v. Bessent, 1:25-cv-00677 (D.D.C.) - Order Denying TRO

      D.C. District Judge Dabney Friedrich denied the plaintiffs' motion for a TRO in Centro de Trabajadores Unidos v. Bessent, 1:25-cv-00677 (D.D.C.), citing failure to demonstrate standing. The Court stated that "[a] single news report about future cooperation between the IRS and DHS does not establish that the plaintiffs’ members are facing imminent injury," especially "where the government has represented to the Court that it is abiding by the law."

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    • March 22, 2025

      2025.03.22 - Reported: IRS nears deal with ICE to share addresses of suspected undocumented immigrants -Washington Post

      The Washington Post reported that the IRS is nearing an agreement with DHS. Under the agreement, ICE would be able to submit names and addresses of suspected undocumented immigrants to the IRS to cross-reference with confidential taxpayer databases.

      View Document
    • March 26, 2025

      2025.03.26 Amended Complaint - Centro de Trabajadores Unidos v. Bessent, 1:25-cv-00677 (D.D.C.)

      Plaintiffs in Centro de Trabajadores Unidos v. Bessent filed an amended complaint for declaratory and injunctive relief. The new complaint adds the Department of Homeland Security (DHS), Kristi Noem, U.S. Immigration and Customs Enforcement (ICE), and ICE Acting Director Todd Lyons as defendants. The amended complaint asserts that DHS Defendants "seek confirmation of address information for the purpose of locating targets for civil removal" which is not authorized under 26 U.S.C. § 6103(i)(2). They also argue that harm to the Plaintiffs is imminent because "[o]nce the agreement [between Treasury Defendants and DHS Defendants] is finalized, the IRS will begin sharing taxpayer information on a mass scale with DHS Defendants . . . [and] it will be virtually impossible to undo the harm through an order limiting its use or further dissemination." Centro de Trabajadores Unidos v. Bessent, 1:25-cv-00677 (D.D.C.).

      *see litigation note above*

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    • April 5, 2025

      2025.04.05 Reported: DHS officials ask IRS to use tax data to locate up to 7 million immigrants - Washington Post

      The Washington Post reports that although "[t]he two agencies have still not reached an agreement on how much data or how the IRS would share it," DHS expanded its request for taxpayer data from 700,000 immigrants with final orders of removal to "up to 7 million people suspected of being in the United States unlawfully." According to the Post, "IRS executives told Homeland Security officials that their request likely violates the narrow criminal investigation exemptions" to federal privacy laws regarding taxpayer data.

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    • April 7, 2025

      2025.04.07 ICE and IRS - Memorandum of Understanding

      ICE and the IRS entered into a Memorandum of Understanding that creates a framework for information-sharing between the agencies. The MOU permits ICE to obtain taxpayer information from the IRS for individuals with final removal orders who are under federal criminal investigation.

      The MOU was disclosed during litigation in Centro de Trabajadores Unidos v. Bessent, 1:25-cv-00677 (D.D.C.).

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    • April 8, 2025

      2025.04.08 Reported: Top I.R.S. Officials Said to Resign After Deal to Give ICE Migrants’ Data - New York Times

      The New York Times reports several top IRS officials, including the acting commissioner, Melanie Krause, will resign in response to the new MOU between the IRS and ICE.

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Current Status

None

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Interior
Agencies Affected: DHS Other

Commentary

  • 2025.03.05 - Trump Wants to Use the IRS to Track Down Immigrants. They May Stop Paying Taxes - The Bulwark

    The Bulwark reports that undocumented immigrants may stop filing their tax returns out of fear of deportation, stating that “[t]ax professionals and immigration advocates in areas with large immigrant populations … said that they are already feeling the effects.”

    Go to article

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