In Family Based Immigration

What You Need to Know About the IRS and ICE Agreement

For years, undocumented immigrants have been encouraged to file taxes—not only to stay compliant, but to strengthen future immigration cases. But in 2025, many are now asking:

“Will I be at risk if I file my taxes?”

Here’s what’s changed—and what hasn’t.

What’s Happening Now?

Under a new policy introduced by the Trump administration, the IRS has agreed to share certain tax data with Immigration and Customs Enforcement (ICE). This breaks a long-standing precedent of confidentiality that many immigrants relied on when filing their taxes with an ITIN (Individual Taxpayer Identification Number).

Understandably, this has created fear and confusion—especially for those who were told for years that the IRS would not use tax information against them.

Will ICE Show Up If You File?

Not necessarily—but the risk is no longer zero.

ICE must still follow legal procedures to access your tax information. That includes:

  • Submitting your full name and address
  • Identifying the alleged offense under investigation
  • Explaining why your tax data is relevant

However, this shift in policy means that tax information could now play a role in immigration enforcement. It’s no longer protected by the same firewall as before.

Why Did This Policy Change?

According to DHS officials, the change is meant to “increase interagency collaboration” for national security and immigration enforcement. But immigrant advocates say it undermines trust and may discourage millions of people from filing taxes—costing the U.S. government billions in lost revenue.

In fact, just a 10% drop in tax filings by undocumented immigrants could cost the U.S. $9.5 billion a year.

Should You Still File?

This is now a personal decision—one that should be made carefully and with the help of legal and tax experts.

Here are a few important considerations:

  • Filing taxes may still support your immigration case by proving presence, income, and good moral character
  • But doing so could now create risks if your information is later used by ICE

The best course of action? Get guidance from a trusted legal team and a reputable tax preparer who understands immigration law

Bottom Line

We know this feels like a betrayal of trust.

For decades, immigrants have filed taxes to do the right thing—and now they’re left wondering if that will be used against them.

At The Grande Law Firm, we’re here to help you understand your rights, assess your options, and move forward with clarity. Filing taxes isn’t just about numbers—it’s about your future, your safety, and your family’s stability.

If you’re undocumented and unsure what to do this tax season, call us today at +1 (310) 905-8701. We’ll help you make the decision that’s right for you.

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