Immigration and compliance officers of the United States use a chain to more comfortably contain a person detained with wives placed on the front.
Alex Brandon/AP
Hiding place
alternate
Alex Brandon/AP
A federal judge refused Monday to block the internal tax service to share the tax data of immigrants with immigration and application of customs in order to identify and deport people illegally in the United States.
In a victory for the Trump administration, the American district judge Dabney Friedrich denied a preliminary court order in a lawsuit filed by non -profit groups. They argued that undocumented immigrants pay taxes are entitled to the same privacy protections as US citizens and immigrants who are legal in the country.
Friedrich, who was appointed by President Donald Trump, had previously refused to grant a temporary order in the case.
The decision occurs less than a month after the former interim commissioner of the IRS, Melanie Krause, resigned from the agreement allowing ICE to present names and addresses of immigrants within the United States illegally to the IRS for her cross verification against tax records.
“The plaintiffs are disappointed in the denial of the court of our preliminary judicial order, but the case is far from. We are retaining our options,” writes Alan Butler Morrison, the lawyer who represents the non -profit group. He pointed out that the judge’s ruling made it clear that the Department of National Security and the IRS cannot venture beyond the strict limitations explained in the case.
“Until now, the DHS has not made formal requests for data from taxpayers and the plaintiffs will be burning nearby surveillance to ensure that the defendants carry out their promises to follow the law and not use the exception for illegal purposes,” said Morrisonon.
The IRS has been agitated about the decisions of the Trump administration to share taxpayers data. An anterior interim commissioner announced his retirement previously in the middle of a rage about the Efficient Efficient Department of Elon Musk, obtaining access to IRS taxpayers data.
The Treasury Department says that the agreement with ICE will help to carry out the agenda of President Donald Trump to ensure US borders and is part of his largest national immigration repression, which has resulted in deportations, raids in the workplace and the eighteenth or eighteenth century.
The interim director of ICE has said that working with treasure and other departments is “strictly for the main criminal cases.”
The defenders, however, say that the IRS-DHS information exchange agreement violates privacy laws and decreases the privacy of all Americans.
In his ruling, Friedrich said that the agreement does not violate the internal income code, so the IRS has not substantially changed the way in which the information of the taxpayers handles. On the other hand, the Trump administration has decided to use “legally authorized tools” already existing to help with criminal investigations, Friedrich wrote.
The Federal Law allows IRS to disseminate certain information from taxpayers to other agencies if information can help in criminal compliance procedures, and the requesting agency complies with certain criteria, the judge said.
Even so, that does not mean that all the information that IRS possesses can be delivered, Friedrich said.
First, the research agency must already have the name and address of the person whose information is sought. Then, the agency must provide that information to the IRS, together with the period of time for which the information is related, the law that allows the information and the reason why any information of the IRS would be relevant to the investigation to be disclosed.
“In other words, IRS can deactivate the information obtained by ITELF (as through audits), but not information obtained exclusively from the taxpayer (as a tax declaration presented by the taxpayer),” Friedrich wrote. He pointed out that the law contains a significant exception: the identity of a taxpayer, including the name, address or identification number of the individual’s taxpayer, do not consult part of the information of the Protected Tax Declaration.