The National Security Department has requested the intervention of the Treasury Department in the new immigration policies. (Reuters)
The National Security Department (DHS) from the United States has requested from Treasury Department that authorizes agents of the Division of Criminal Investigations of the Internal Revenue Service (IRS) to collaborate in the work of Application of immigration laws in coordination with the Immigration and Customs Control Service (ICE) according to documents obtained by The Wall Street Journal and The Washington Post. The petition, held on February 7 by the Secretary of National Security, Kristi Noem seeks that these agents attend financial investigations related to networks of Trafficking in people and companies that use undocumented immigrants, as well as in tasks of arrest, detention and transfer of individuals.
The memorandum sent by Kristi Noem to the Secretary of the Treasury, Scott Besent details that the objective is to take advantage of the experience of the IRS agents in the tracking of financial flows to identify illegal activities linked to the illegal immigration he reported The Wall Street Journal. In addition to financial investigations, these agents are expected to participate directly in operations of Apprehension, detention and deportation of people in irregular immigration situation.
According to Noem, the DHS understands that the Treasury Department has qualified personnel to support these tasks, especially after the increase in the IRS workforce after the 2022 budget expansion, he reported The Washington Post.
This application is part of a broader plan of the President’s administration Donald Trump. According to The Washington Post the government had previously authorized the participation of agencies of the Department of Justice like the Drug Control Administration (DEA) the Alcohol, tobacco, firearms and explosive (ATF) office (ATF) and the US Sheriff Service (US Marshals Service) in the application of immigration laws.
The IRS criminal investigations division (IRS-CI) It is composed of 2,290 special agents, according to its annual 2024 report, which represents a 10 % increase compared to 2022, he reported The Wall Street Journal. These agents are trained to make arrests, carry firearms and carry out complex investigations of financial crimes such as Fiscal evasion, money laundering, drug traffic and Identity fraud.
Unlike auditors or IRS collection employees, IRS-CI agents work regularly with the Federal Bureau of Research (FBI) and other federal agencies in the persecution of financial crimes. In 2024, they identified more than 2.1 billion dollars in tax fraud and others 7,000 million dollars in financial crimes according to official data cited by The Washington Post.
IRS special agents are trained to make arrests. (AP Photo/J. David Ake, Archive)
The possibility that IRS agents participate in migratory operations has generated concern among immigration experts. According to Tessy Ortiz a lawyer specializing in migratory issues, the IRS has a policy of not sharing information with the Customs Immigration and Control Service (ICE) except in cases of specific criminal investigations, he declared Telemundo. Section 6103 of the Internal Revenue Code prohibits the dissemination of fiscal information except by court or when it comes to the investigation of unrelated crimes.
However, Ortiz warns that these restrictions could be modified if the United States Congress Approves new laws that allow fiscal data with other government agencies. This could include sensitive information such as numbers Social Security or of Taxpayer Personal Identification (ITIN). For its part, César Alvarado Fiscal Advisor, notes that although there are currently legal protections for the privacy of taxpayers, “nothing is written in stone” and the changes in the legislation could alter this panorama, he reported Telemundo.
Given this situation, immigration and finance experts recommend that people, regardless of their immigration status, continue to fulfill their tax obligations. Presenting tax statements correctly is a relevant factor in many migratory processes, since immigration judges usually consider the fiscal history when evaluating requests for cancellation of deportation.
In addition, lawyers advise not to false information in the tax declaration, since this could have legal consequences, regardless of the person’s immigration situation. Meanwhile, the immigrant community is recommended to remain informed about possible changes in IRS policies and immigration laws, especially before April 15 deadline for the presentation of tax statements in 2025.
Meanwhile, IRS crosses an administrative transition period. After the resignation of the commissioner designated during the Biden era, Danny Werfel who left the position two years before the end of his term, the agency is led by the interim commissioner Douglas O’Donnell. President Trump has nominated Billy Long former congressman of Misuri, to assume the leadership of the agency, although his confirmation in the Senate is still pending.
