Immigrant taxpayers: GBLS warns of possible IRS-DHS data sharing and urges careful filing; litigation has paused sharing for now
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Summary
Greater Boston Legal Services advised immigrant taxpayers that an agreement to share IRS and DHS information has prompted legal challenges; a D.C. judge has paused sharing, and GBLS recommended individuals assess risk and consult counsel before applying for ITINs or filing if concerned.
Immigrant taxpayers and advocates heard guidance during a webinar that recent developments around data-sharing between the Department of Homeland Security (DHS) and the Internal Revenue Service could affect decisions about filing and seeking an ITIN, but ongoing litigation has temporarily paused information sharing.
"Right now, I can tell you that there are 3 legal challenges to this, and there was a DC judge who has paused any sharing," said Angela Devares, an attorney with Greater Boston Legal Services' Low Income Taxpayer Clinic. She added, "So, we don't think that there's sharing going on now, but I can't tell you in the future."
Devares described how to apply for an Individual Taxpayer Identification Number (ITIN): submit a packet that typically includes a current-year tax return (for example, 2025), Form W-7, and a certified copy of a passport, after which the IRS may issue an ITIN to be used in place of a Social Security number for filing. She advised that filing obligations have not changed but that individuals should weigh privacy and immigration risks and consider consulting an immigration lawyer when deciding whether to file.
For taxpayers who have disputes with the IRS or Massachusetts Department of Revenue, Devares recommended contacting a Low Income Taxpayer Clinic for free legal help; she noted GBLS operates such a clinic and that there are three others in the state. Attendees were directed to contact Angela and her colleague Luz for more individualized questions and assistance.
Next steps: immigrant taxpayers with concerns should consult a legal aid clinic or immigration counsel before making filing decisions; for ITIN questions, follow GBLS guidance and the IRS W-7 instructions.