When Privacy Breaks Down: How IRS–ICE Data Sharing Affects Immigrants in Pennsylvania
Concerns about government surveillance and immigration enforcement have resurfaced with renewed urgency following reports of a data-sharing arrangement between the Internal Revenue Service (IRS) and U.S. Immigration and Customs Enforcement (ICE). For immigrants in Pennsylvania—both documented and undocumented—this development raises serious questions about privacy, legal vulnerability, and trust in essential public institutions.
The crux of the issue lies in the expanded use of tax data for immigration enforcement purposes. Traditionally, tax filings, including those using Individual Taxpayer Identification Numbers (ITINs), were considered largely separate from immigration enforcement. The IRS has historically positioned itself as an agency focused on compliance and revenue collection, not immigration status.
However, under recent administrative directives, ICE has been granted greater access to IRS data in cases where tax filings are believed to be connected to immigration fraud, identity theft, or other alleged misuse. In practice, this means that data submitted in good faith by immigrants—including many who pay taxes while lacking formal status—could now be used to initiate or support removal proceedings.
Why This Matters in Pennsylvania
Pennsylvania is home to over 900,000 immigrants, including tens of thousands who are undocumented or in a mixed-status household. Many of these individuals use ITINs to file taxes, demonstrating compliance with U.S. laws even in the absence of legal status. Cities like Allentown, Philadelphia, and Reading have significant immigrant populations that contribute to the workforce, pay taxes, and send their children to local schools. When the IRS data is accessed by ICE, it risks turning a gesture of civic participation—filing taxes—into a vulnerability.
In practical terms, families in Pennsylvania now face a chilling choice: file taxes and risk exposure to ICE, or avoid filing and risk financial penalties, the inability to later adjust status, and even allegations of tax evasion.
Who Is Most at Risk?
Those most affected by this policy shift are:
Undocumented immigrants who file using ITINs
Mixed-status families, where one parent or spouse is undocumented but the rest of the household are U.S. citizens or lawful residents
Immigrants currently seeking lawful status through adjustment, cancellation of removal, or hardship waivers who have used IRS filings to demonstrate continuous presence and good moral character
In some cases, even lawful permanent residents or visa holders may be subject to scrutiny if a previous tax filing is interpreted by ICE as involving misrepresentation, even unintentionally.
A Legal and Ethical Debate
Critics of the IRS–ICE partnership argue that it violates the spirit of taxpayer confidentiality, a principle designed to ensure honest and complete filings. Using tax data as an enforcement tool could discourage immigrants from filing taxes at all, which in turn undermines tax compliance and economic participation. Immigration attorneys across Pennsylvania are increasingly advising clients to approach tax filings with caution and full legal awareness.
The intersection of immigration and tax enforcement is becoming increasingly complex. For immigrants in Pennsylvania, the new data-sharing landscape means that what was once a routine act of civic compliance may now carry unexpected risks. Until clearer safeguards are enacted, immigrants and their advocates must remain informed and vigilant.
At Lehigh Valley Immigration Law LLC, we work with families across Pennsylvania to navigate immigration issues safely and strategically. If you have concerns about your tax filings and immigration status, contact us today for a confidential consultation.