Under the agreement, Immigration and Customs Enforcement could submit names and addresses of suspected undocumented immigrants to the IRS to cross-reference with confidential taxpayer databases, said the people, who spoke on the condition of anonymity out of fear of professional reprisals.
Normally, personal tax information — even an individual’s name and address — is considered confidential and closely guarded within the IRS. Unlawfully disclosing tax data carries civil and criminal penalties.
However, tax information may be shared with other federal law enforcement under certain, limited conditions — and typically with approval from a court. It would be unusual, if not unprecedented, for taxpayer privacy law exceptions to be used to justify cooperation with immigration enforcement, the people said.
The proposed agreement has alarmed career officials at the IRS, the people said, who worry that the arrangement risks abusing a narrow and seldom-used section of privacy law that’s meant to help investigators build criminal cases, not enforce criminal penalties.
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