U.S. Court of Appeals for the D.C. Circuit to Determine if Trump Administration’s IRS Deal to Share Taxpayer Data with ICE, DHS is Unlawful
WASHINGTON, D.C. — Today, the U.S. Court of Appeals for the D.C. Circuit heard arguments in a lawsuit filed by Public Citizen Litigation Group, Alan Morrison and Raise the Floor Alliance against Trump Administration officials to stop the IRS from disclosing tax return information to the Department of Homeland Security (DHS) and Immigrant and Customs Enforcement (ICE). The court has not yet ruled in the case.
In May, Public Citizen filed an appeal of the U.S. District Court’s denial of a preliminary injunction to halt implementation of the data-sharing agreement. The court concluded that sharing information is likely lawful so long as ICE uses the information only in support of criminal prosecutions. However, the court recognized that narrow exception did not apply to civil proceedings, which include mass deportations.
The Trump administration wants access to taxpayer addresses listed in IRS records to track, identify and disappear people, oftentimes without due process. Plaintiffs sought the preliminary injunction to protect immigrant taxpayers because once the information is shared, the damage cannot be undone.
Just before the hearing, Public Citizen, Raise the Floor Alliance and plaintiffs held a press conference calling to “Stop the Trump Trackdown,” highlighting the stakes of the case, the authoritarian tactics by the Trump Administration and the impact on all taxpayers.
WATCH THE RECORDED PRESS CONFERENCE HERE!
“Protecting taxpayer data from unauthorized disclosures is not just good policy, it’s the IRS’s duty under the law,” said Nandan Joshi, Public Citizen attorney. “All taxpayers should be able to trust the IRS not to unlawfully share their personal information to advance a particular administration’s policy agenda. ”
“This case is about more than tax records, it’s about whether the government can turn the IRS into a weapon for deportation,” said Sophia Zaman, executive director of Raise the Floor Alliance. “The Trump Administration is putting immigrant families at risk while breaking the basic promise of taxpayer privacy that protects everyone. Undocumented workers, like all workers, pay billions in taxes each year in Illinois alone and deserve the same confidentiality as anyone else. We are uniting across the country, as taxpayers, to bring this issue to the courts to stop this attack on everyone’s rights.”
“Immigrant workers pay taxes, build our schools and hospitals, and strengthen this country,” said Marcela Díaz, executive director of Somos Un Pueblo Unido. “The betrayal of their trust in the IRS, used to tear families apart, is not just cruel; it is dangerous, and we will not accept it.”
“Trump’s illegal plan to seize American tax records to hunt down, imprison, and deport community members must be stopped,” said Doug Smith, vice president of Policy & Legal Strategy at Inclusive Action for the City. “By challenging this unlawful data grab, we’re fighting to protect the rights and privacy of all Americans, including the immigrant workers and small business owners who are the heart of our communities and economy. We urge the court to uphold taxpayer privacy before it’s too late.”
“Residents who have lived in our communities for over 20 years are afraid to file their taxes now due to this attack on our privacy rights,” said Ana Guajardo, executive director of Centro de Trabajadores Unidos. “Once the government betrays our privacy, none of our privacy is safe. Currently, they’re targeting immigrants, but soon, they will use tax data to go after anyone who challenges the unjust policies of this administration.”
The documents from the case can be found here including the latest reply brief. For additional information on the case check out our latest fact sheet here. To request an interview with the litigation team or plaintiffs, contact Katie Garcia at kgarcia@citizen.org.