Judge Allows Use of IRS Data by ICE to Find Immigrants for Deportation

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Federal District Court Judge Dabney Friedrich denied a motion for a preliminary injunction against sharing of Internal Revenue Service data to help Immigration and Customs Enforcement track down unauthorized immigrants for deportation.

Centro de Trabajadores Unidos, Immigrant Solidarity DuPage, Somos Un Pueblo Unido and Inclusive Action for the City sought relief on the ground that such data sharing violates taxpayer confidentiality laws.

Acting IRS Commissioner Melanie Kraus resigned and former Acting IRS Commissioner Doug O’Donnell retired rather than sign the agreement.

IRS data can be used in criminal investigations, but not for civil issues or deportations. The Department of Justice promises immigration enforcement will only use IRS data to track down unauthorized immigrants who are under criminal investigation.

Friedrich wrote:

Requesting and receiving information for civil enforcement purposes would constitute a cognizable injury, but none of the organizations have established that such an injury is imminent.

The Memorandum only allows sharing information for criminal investigations[…] On this limited record, the court cannot assume that DHS intends to use the shared information to facilitate civil rather than criminal proceedings.

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