CHC Leadership’s Amicus Brief Assisted D.C. District Court in Blocking IRS Disclosure of Taxpayer Information to ICE

This week, the U.S. District Court for the District of Columbia sided with concerns raised by Congressional Hispanic Caucus (CHC) and advocates, moving to restrict the unprecedented data sharing and temporarily blocking the IRS from disclosing taxpayer information to Immigration and Customs Enforcement (ICE) without providing the court and plaintiffs with 24-hour notice.

The CHC leadership filed an amicus brief last week in Center for Taxpayer Rights v. Internal Revenue Service, opposing a new Memorandum of Understanding (MOU) that allows the IRS to share sensitive taxpayer information, including home addresses, with ICE.

CHC leadership stressed that Congress has been clear: taxpayer confidentiality is the law. The IRS-ICE MOU abandons decades of precedent, undermines trust in the tax system, and risks chilling voluntary compliance. Such fear-driven deterrence could ultimately weaken federal revenue by discouraging immigrant families from filing taxes with Social Security Numbers (SSNs) or Individual Taxpayer Identification Numbers (ITINs).

“The American tax system relies on trust that when you file your taxes, your personal information will be protected,” said CHC Chair Adriano Espaillat. “The IRS cannot turn around and hand that data to immigration enforcement without breaking the law and betraying taxpayers. Congress has been clear: taxpayer confidentiality is not optional, it is the law, and it must be upheld.”

The CHC's brief argues the MOU violates federal law, including IRC §6103, which protects the confidentiality of tax returns with only narrow, specific exceptions. Congress has repeatedly rejected efforts to allow immigration-related use of tax data, citing threats to taxpayer privacy and voluntary compliance. The brief also contends that the MOU violates the Administrative Procedure Act, as the IRS abruptly reversed decades of practice without justification or proper rulemaking.

CHC leadership urged the court to permanently block the IRS from disclosing taxpayer information to ICE, warning that such actions usurp Congress’s authority, endanger taxpayer privacy, and erode public trust in the tax system.

See the full brief filed HERE.

The full list of signers includes members of the Congressional Hispanic Caucus leadership: Chair Adriano Espaillat (NY-13), Rep. Sylvia Garcia (TX-29), Rep. Rob Menendez (NJ-8), Rep. Norma Torres (CA-35) Rep. Joaquin Castro (TX-20), Rep. Andrea Salinas (OR-6), and Rep. Gil Cisneros (CA-31).

About the Congressional Hispanic Caucus (CHC)

The Congressional Hispanic Caucus (CHC) is 43 members strong. The CHC serves as a forum for the Hispanic Members of Congress to coalesce around a collective legislative agenda. The Caucus is dedicated to voicing and advancing, through the legislative process, issues affecting Hispanics in the United States, Puerto Rico, and the Commonwealth of the Northern Mariana Islands. For more information, please visit chc.house.gov.