Elgardo, an undocumented immigrant in Boston, has paid taxes like clockwork for the past seven years with an individual taxpayer identification number, or ITIN. The nine-digit tax processing number is available to some immigrants who want to comply with tax law but can’t access a social security number.
The Trump administration has been seeking access to this information from the Internal Revenue Service for weeks. Specifically, it’s seeking the information of at least 700,000 people using an ITIN to file taxes who are subject to final removal orders. Immigrants are now afraid the information they shared to contribute to the nation’s economy will be used to remove them from this country — and some are hesitating to file their taxes as a result.
Court documents dated from Monday show the IRS has agreed to share the tightly regulated personal information with that Department of Homeland Security — although it is not clear when or exactly how this will go into effect. The administration is using exceptions in tax law, specifically information sharing for investigations of people suspected of violating federal criminal law, or those ordered to leave the United States.
GBH News agreed to change Elgardo’s name due to his fears of retribution. He’s watched the news and has seen immigrants being detained. Now he’s afraid U.S. Immigration and Customs Enforcement will have one more tool to remove people like him from the country.
“If I submit my tax application, and then immigration gets it from IRS, I have no criminal record, nothing, but that doesn’t matter. People from Central America, they [ICE] don’t really investigate or consider why you’re here — they deport you,” he said. The Salvadoran man is an assistant manager at a car wash and doesn’t receive tax rebates, but pays into the system.
One report estimated that in 2022, immigrants without legal status paid nearly $650 million in Massachusetts’ state and local taxes. In total, the report finds, undocumented immigrants across the country paid an estimated $97 billion in federal and local taxes.
“The norm has been that this data is highly confidential — and the changes to that are alarming,” said Amy Hanauer, executive director of the Institute on Taxation and Economic Policy.
An East Boston tax preparer, Cecilia Bardales, owns her own company CB Unlimited Tax Consulting. She says there’s been a “slowdown” in people with ITINs doing their taxes their season.
“A lot of the clients that I have, you know, they’re very good citizens. They’re hardworking,” she said. “They don’t get in trouble — they’re all under the radar ... It makes me a little worried overall because, if they are to be removed, I mean, who’s going to be filling up the labor positions? In agriculture? Restaurants, just cleaning dishes?”
State Sen. Lydia Edwards said she’s heard concerns from immigrant constituents about whether they should file taxes, if they will get deported if they pay them and the information is shared. She’s heard it suggested that immigrants use a P.O. Box as a return address to reduce the risk of exposing themselves.
“Immigrants who are paying their taxes should not all be the target of DHS,” she said. “That’s not who I understood would be the target of this administration. I don’t know how many criminals or gang members are walking into the H&R Block to file their taxes.”
Elgardo is going to wait longer before paying to see how this plays out.
“It doesn’t matter if I have to pay a fine for paying them late — I usually respect the laws. It was always important for me to pay my taxes. I think it’s unfair that they would use tax information to give to ICE and deport you,” he said.
Elgardo said his tax preparer says that many immigrants aren’t filing, including those with U.S. citizen children who could claim a child tax credit.
“They’re still not filing them because, as parents, they don’t want to be deported,” he said.
Sixty-six-year-old Maria Trejo paid taxes for 15 years with an ITIN. GBH News has changed her name due to her fears of deportation. The Chelsea resident said she feels like she has to follow the law and pay her taxes. She even pays taxes monthly when she does contracted work.
“This man is like a spoiled child getting whatever he wants,” she said of President Donald Trump. “I think the IRS needs to protect us. It’s not just us impacted. The IRS will be impacted because a lot of our earned money won’t be pulled in.”
Trejo worked as a contractor doing administrative work for a housing advocacy group last year, and for a temp agency that sends her out to factories to pack fruit and fish. Trejo is planning to pay the $1,200 she owes in federal taxes, even if she doesn’t get any benefits from it. But she’s afraid.
“I don’t sleep, sometimes I have insomnia. I sit in bed and think bout how I have children here in the U.S. All I do is exist to work and help my family — that’s it. If the government is asking for all this information, what will this man do? Is he going to send the working people to be deported?” she said.
Immigrants of varying statuses can apply for an ITIN. ITIN holders aren’t eligible for most tax benefits like Social Security and Medicare, but most pay into it if they have payroll taxes. In most states, including Massachusetts, immigrants without legal status can’t access the Earned Income Tax Credit, either — a tax break for those with low incomes.
Taxpayer data has never been used for broad immigration enforcement. To apply for an ITIN, applicants must fill out a W-7 application form and submit it to the IRS along with a completed tax return. There are also other documents that must be submitted to verify identity, like a valid passport or visa. The IRS doesn’t collect data on citizenship status. Taxpayers can use the ITIN on both federal and state tax returns.
Angela Divaris and Luz Arévalo, co-directors of the Low Income Taxpayer Clinic at Greater Boston Legal Services, advise people with any issues with the IRS and Massachusetts Department of Revenue. They work with hundreds of immigrant clients every year.
“There’s extremely heightened concern this year. There’s a lot of confusion among folks. They don’t know what they should be doing,” said Divaris. She said, regardless of immigration status, most immigrants are subject to the same tax filing obligations as anyone else — even if they’re not eligible for the same tax credits. Most, she said, comply.
It’s difficult to know what to tell people. “It’s not like you can give somebody very clear advice when they’re in a catch-22 about ‘if I comply with my tax filing obligation, I might be putting myself or my family at risk,”’ she said.
Arévalo said it’s a dilemma, but they’re giving people the option of filing an extension to see what happens. She’s frustrated on behalf of those who should be getting a tax refund.
“It’s not right that they have to wait all those months to get money that was paid last year. But people — they prefer to leave money on the table than risk potential detention,” Arévalo said.
