A federal judge has denied a request from two immigrant rights organizations seeking to block the Internal Revenue Service (IRS) from sharing noncitizen taxpayer records with immigration enforcement authorities.
U.S. District Judge Dabney L. Friedrich ruled Wednesday that the plaintiffs, Centro De Trabajadores Unidos and Immigrant Solidarity DuPage, had not sufficiently demonstrated that the IRS was poised to unlawfully disclose taxpayer information to the U.S. Department of Homeland Security (DHS).
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The judge declined to issue a temporary restraining order, citing the IRS’s “unequivocal” assurances that it would comply with Internal Revenue Code Section 6103, which mandates tax return confidentiality with limited exceptions.
“I don’t think that you have met your burden in terms of alleging that they’re about to violate 6103,” Judge Friedrich stated during the hearing, adding that she would “presume … that the IRS will follow Section 6103 to the letter” if any disclosures occur in the future.
The lawsuit, filed March 7, alleges that DHS is seeking access to 700,000 noncitizen taxpayer records—including names and addresses—as part of the Trump administration’s broader efforts to crack down on unauthorized immigration.
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Plaintiffs’ attorney Nandan M. Joshi of the Public Citizen Litigation Group argued that any potential data transfer threatens the long-standing “firewall” between tax authorities and immigration enforcement. The groups fear the administration could exploit a criminal investigation exception in Section 6103 to obtain data under the premise that unauthorized immigrants are criminals.
“The administration has incorrectly characterized all individuals not authorized to remain in the U.S. as criminals,” the complaint states.
The U.S. Department of Justice (DOJ) countered in court filings that the IRS has not received any such requests from President Donald Trump or the White House, nor has it released any tax information to DHS.
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DOJ attorney Andrew J. Weisberg reiterated in court that while there are “ongoing discussions” between the IRS and DHS about potential data sharing, no action has been taken.
“The IRS always has an obligation to follow 6103,” Weisberg assured the court.
Despite Wednesday’s ruling, immigrant advocacy groups are expected to continue challenging any future data transfers that could compromise taxpayer confidentiality. Meanwhile, the legal debate over balancing tax privacy with immigration enforcement is likely to persist as the administration continues its immigration crackdown.
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