Can ICE get my data?

Many people who are not authorized to live in the United States worry that filing taxes increases their exposure to the government, fearing this could ultimately result in deportation. If you already have an ITIN, then the IRS has your information, unless you moved recently. You are not increasing your exposure by renewing an ITIN or filing taxes with an ITIN.

Current law generally prohibits the IRS from sharing tax return information with other agencies, with a few important exceptions. For instance, tax return information may in certain cases be shared with state agencies responsible for tax administration or with law enforcement agencies for investigation and prosecution of non-tax criminal laws. The protections against the disclosure of information are set in law so they cannot be rescinded by a presidential executive order or other administrative action unless Congress changes the law.

Knowing the potential risks and benefits involved, only proceed with an ITIN application or tax filing if you feel comfortable. This information does not constitute legal advice. Consult with an immigration attorney if you have any concerns.