Introduction
This article from CNN claims that the IRS is nearing an agreement with the Department of Homeland Security (DHS) that could assist Immigration and Customs Enforcement (ICE) in locating undocumented migrants. This claim has raised concerns about potential deportations of long-term undocumented immigrants who have been working and paying taxes without criminal records. Our fact-check will analyze these claims for accuracy, missing context, and potential bias.
Historical Context
For decades, the IRS has maintained strict confidentiality regarding taxpayer information, even for undocumented immigrants who file taxes using an Individual Taxpayer Identification Number (ITIN). Federal law generally forbids tax data from being shared with law enforcement, with few exceptions. However, immigration enforcement has been a politically charged issue in recent years, with different administrations setting varying policies on cooperation between federal agencies.
Fact-Checking Specific Claims
Claim #1: The IRS is finalizing an agreement to provide ICE with information on undocumented immigrants.
The article states that the IRS is “close to finalizing an agreement” to help ICE locate undocumented migrants. However, the article later clarifies that the current draft of the agreement would only allow the IRS to confirm migrants’ addresses rather than directly providing the information to ICE. While this still represents a shift in policy, the claim that the IRS is actively providing data is misleading without this clarification.
Claim #2: Sharing tax data with ICE violates federal law.
The article references privacy experts and lawsuits claiming that sharing tax data with DHS or ICE would violate strict disclosure laws governing the IRS. Federal law does include strong protections for taxpayer information, and agencies such as ICE are not listed among those that can access tax records under ordinary circumstances. Courts may ultimately decide whether the proposed agreement constitutes a legal violation, but it is true that tax confidentiality laws are a significant barrier to data sharing.
Claim #3: The agreement could lead to deportations of long-term undocumented workers who have no criminal record.
This concern is valid, as the IRS confirming a migrant’s address could make it easier for ICE to locate and remove individuals. However, the agreement reportedly requires ICE to submit a name, address, and a prior removal order. This means only individuals who already have removal orders would be affected, rather than all undocumented workers. The article does not make this distinction clear, which could lead to undue fear among immigrants who have no prior contact with ICE.
Conclusion
The CNN article provides an overview of the possible IRS-DHS agreement but lacks key context regarding the limitations of the proposal. While the IRS would confirm some taxpayer information for DHS, it would not directly hand over tax records. Additionally, only migrants with prior removal orders would be affected, rather than all undocumented immigrants who pay taxes. The article presents valid legal concerns but could be interpreted as more sweeping than the available evidence suggests.
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