The Department of Homeland Security is seeking access to confidential tax records from the Internal Revenue Service in an effort to locate as many as 7 million people believed to be in the United States illegally, according to a report by the Washington Post.
DHS officials have previously requested information on approximately 700,000 individuals who are subject to final deportation orders, asking the IRS to provide names and addresses. The size of the request later expanded, with DHS officials saying they would submit preliminary queries for about 2 million people, which then rose to 7 million.
However, the two agencies have yet to reach an agreement on how much tax information the IRS is willing to disclose. Lawyers from both agencies have been in ongoing negotiations over the matter. Acting IRS Commissioner Melanie Krause has reportedly told staff she expects the agency will ultimately comply with the Trump administration’s request.
“While we have nothing to share regarding any potential discussions, the United States Treasury is fully committed to supporting our partner agencies in executing the President’s America First agenda,” a Treasury spokesperson said anonymously to The Washington Post.
Federal tax data is considered confidential, and even basic identifying information like names and addresses is protected. Sharing such information unlawfully has civil and criminal penalties, however, data can be shared with law enforcement under certain conditions and typically require court approval. IRS officials have reportedly warned DHS that the request likely falls outside the criminal investigation exemptions and may violate the law.
The IRS has long assured illegal immigrants that filing income tax returns would not put them at risk of deportation. According to the Washington Post, illegal immigrants contribute tens of billions of dollars annually in federal taxes.
Back in February, DHS initially asked the IRS for contact information on 700,000 suspected illegal immigrants and also requested the agency investigate businesses suspected of hiring them. Then-acting IRS Commissioner Doug O’Donnell declined the request and resigned the following day.