Report by ProPublica: “The Internal Revenue Service is building a computer program that would give deportation officers unprecedented access to confidential tax data.
ProPublica has obtained a blueprint of the system, which would create an “on demand” process allowing Immigration and Customs Enforcement to obtain the home addresses of people it’s seeking to deport.
Last month, in a previously undisclosed dispute, the acting general counsel at the IRS, Andrew De Mello, refused to turn over the addresses of 7.3 million taxpayers sought by ICE. In an email obtained by ProPublica, De Mello said he had identified multiple legal “deficiencies” in the agency’s request.
Two days later, on June 27, De Mello was forced out of his job, people familiar with the dispute said. The addresses have not yet been released to ICE. De Mello did not respond to requests for comment, and the administration did not address questions sent by ProPublica about his departure.
The Department of Government Efficiency began pushing the IRS to provide taxpayer data to immigration agents soon after President Donald Trump took office. The tax agency’s acting general counsel refused and was replaced by De Mello, who Trump administration officials viewed as more willing to carry out the president’s agenda. Soon after, the Department of Homeland Security, ICE’s parent agency, and the IRS negotiated a “memorandum of understanding” that included specific legal guardrails to safeguard taxpayers’ private information.
In his email, De Mello said ICE’s request for millions of records did not meet those requirements, which include having a written assurance that each taxpayer whose address is being sought was under active criminal investigation.
“There’s just no way ICE has 7 million real criminal investigations, that’s a fantasy,” said a former senior IRS official who had been advising the agency on this issue. The demands from the DHS were “unprecedented,” the official added, saying the agency was pressing the IRS to do what amounted to “a big data dump.”
In the past, when law enforcement sought IRS data to support its investigations, agencies would give the IRS the full legal name of the target, an address on file and an explanation of why the information was relevant to a criminal inquiry. Such requests rarely involved more than a dozen people at a time, former IRS officials said.
Danny Werfel, IRS commissioner during the Biden administration, said the privacy laws allowing federal investigators to obtain taxpayer data have never “been read to open the door to the sharing of thousands, tens of thousands, or hundreds of thousands of tax records for a broad-based enforcement initiative.”
A spokesperson for the White House said the planned use of IRS data was legal and a means of fulfilling Trump’s campaign pledge to carry out mass deportations of “illegal criminal aliens.”
Taxpayer data is among the most confidential in the federal government and is protected by strict privacy laws, which have historically limited its transfer to law enforcement and other government agencies. Unauthorized disclosure of taxpayer return information is a felony that can carry a penalty of up to five years in prison…(More)”.
