The IRS and the National Security Department have reached a data exchange agreement to support the Trump administration immigration application agenda, according to a presentation of the Court on Monday night.
According to the terms of the agreement, the application of immigration and customs of the United States would present names and addresses of immigrants living in the United States without legal status that have final elimination orders, which would be used to verify against the IRS taxpayers records.
“As established in the MOU, the DHS can legally request the return information related to people under criminal investigation, and the IRS must provide it,” said the presentation of the court. The Royal Memorandum of Understanding was presented in the Court and said that the agencies are exercising this authority under the president’s executive order.
“Each request will attest that [redacted] ICE officials and employees will use information for preparation for judicial or administrative procedures or research that can lead to such procedures, “said the MOU.
A logo of the National Security Department is shown while the secretary Kristi Noem talks to the employees of the Department of National Security, January 28, 2025, in Washington.
Manuel Balce Ceneta/Pool Via Reuters
A Treasury department spokesman confirmed the MOU and said the base is legal.
“The internal tax service and immigration control and customs have entered a memorandum of understanding to establish a clear and safe process to support police efforts to combat illegal immigration,” said Treasury spokesman.
“The bases for this Mou are based on long -standing authorities granted by Congress, which serve to protect the privacy of Americans respectful of the law while rationalizing the ability to prosecute criminals,” added the spokesman. “After four years that Joe Biden floods the nation with illegal foreigners, the highest priority of President Trump is to guarantee the security of the US people.”
The MOU, according to an official of the Treasury Department, creates railings so that the agencies continue to carry it out.
In accordance with the IRS privacy protection laws, specifically section 6103 of the Internal Revenue Code, the Treasury Department undertakes to protect the data from taxpayers of persons who legally respect, said the official.
However, section 6103 has a criminal exemption. This exemption obliges IRS to help the application of the law in the search for criminals and will be used against any migrant that has exceeded for more than 90 days as part of the size.
IRS veterans have raised concerns about the unprecedented use of fiscal data and the use of exceptions to strict laws that govern their use, some of which are intended to help the application of the law in criminal investigations.
Section 6103 requires that IRS maintain the individual information of confidential taxpayers with certain limited ones Exceptionseven with the agencies of application of the law “for the investigation and prosecution of the criminal laws not imposed” with the approval of a court, according to the Agency’s website.
The internal tax service building is observed on February 20, 2025 in Washington.
Katopodis/getty images
The current and previous officials of the agency also said that they care that the new policy could affect tax collection and discourage immigrants without the legal status they work by paying taxes for a variety of reasons.
IRS has allowed immigrants without legal status to submit income tax statements with individual tax numbers. These migrants contributed $ 25.7 billion in Social Security taxes using social security numbers provided or fraudulent, according The Bipartisan Policies Center.
The presentations of the court were presented in a case that tried to prevent the MOU was signed.
A senior DHS official said that, under the Trump administration, “the government is finally doing what you should have all the time: share information throughout the federal government to solve problems.”
“Biden not only allowed millions of illegal foreigners to flood in our country, but also lost them due to incompetence and inappropriate processing,” said a DHS official. “The exchange of information in all agencies is essential to identify who is in our country, including violent criminals, determine what public security and terrorist threats may exist so that we can neutralize them, scrub these people with voting rolls and identify what public benefits these foreigners are using in the costs of taxpayers.”
