Homeland Security Secretary Kristi Noem delivers remarks to staff at the department's Washington, D.C., headquarters on Jan. 28, 2025. (Photo by Manuel Balce Ceneta-Pool/Getty Images)

WASHINGTON — The IRS and Department of Homeland Security reached an agreement Monday to share tax information of immigrants who have final orders of removal to help immigration agents find and deport the immigrants, according to documents filed in court.

No information between the two agencies has been shared yet, according to the filings in federal court in the District of Columbia, but the partnership would impact more than 1 million immigrants with final removal orders, as the Trump administration carries out mass deportations of immigrants without permanent legal status.

According to a memorandum of understanding signed by Treasury Secretary Scott Bessent and Homeland Security Secretary Kristi Noem and submitted to the court, U.S. Immigration and Customs Enforcement officials can ask the IRS to provide information about immigrants with orders of removal or immigrants involved in criminal investigations.

Some of that tax information includes sensitive details such as current addresses and information about child tax dependents.

It would be the first time the IRS shared sensitive tax information to carry out immigration enforcement.

In 2023, immigrants in the country without legal authority paid more than $89 billion in taxes, according to the left-leaning think tank the American Immigration Council.

In order to file taxes without a social security number, someone who is not a U.S. citizen would use an Individual Taxpayer Identification Number, or an ITIN. As of 2022, there were more than 5.8 million active ITINs, according to a report by the Treasury Department Inspect General.

Groups challenging information sharing

The government filed the document in a case brought by immigration rights groups the Centro de Trabajadores Unidos and Immigrant Solidarity DuPage. The groups are trying to block the IRS from sharing tax records with DHS for immigration enforcement, arguing that such sharing violates IRS disclosure laws.

The Trump administration moved Monday to dismiss the suit in U.S. District Court for the District of Columbia, arguing that “providing information to assist criminal investigations—is lawful.”

A hearing on a preliminary injunction to block such information sharing between IRS and DHS is set for April 16 before federal Judge Dabney L. Friedrich, whom President Donald Trump appointed in 2017.

Friedrich ruled against the groups last month, when they asked for a temporary restraining order following a story by The Washington Post that the agencies were considering sharing information in order to find immigrants to deport.

“A single news report about future cooperation between the IRS and DHS does not establish that the plaintiffs’ members are facing imminent injury,” according to the March 19 order.