Data Sharing Between IRS and DHS is Barred: Two Federal Injunctions Blocking Data Transfers Remain in Effect

on

WASHINGTON, D.C. — Following recent coverage of the D.C. Circuit Court of Appeals decision in Centro de Trabajadores Unidos v. Bessent, Laura MacCleery, Senior Director of Policy at UnidosUS, issued the following statement:

“Let’s be clear: no court has authorized the IRS to share taxpayer data with ICE.

“Tuesday’s appellate decision addressed a narrow legal question about whether the April 2025 Memorandum between the IRS and ICE violates the plain language of the Internal Revenue Code confidentiality law. It did not address whether the government’s transfer of taxpayer records was lawful. And it did not lift the court orders that are currently blocking data sharing.

“Two separate federal judges have already issued preliminary injunctions halting IRS-ICE data transfers. In November 2025, a federal court in Washington, D.C. found that the IRS’s transfer of approximately 47,000 taxpayer records to ICE was likely unlawful and barred further improper sharing. In a second case, a federal judge in Massachusetts ordered the Department of Homeland Security not to view, use, copy, or act on taxpayer data it had already obtained. Those injunctions remain fully in place. As of today, the IRS is prohibited by court order from sharing taxpayer data with immigration enforcement, and DHS is prohibited from using any data it previously received.

“During tax season, misleading headlines can create real fear for families. The legal reality is straightforward: taxpayer confidentiality protections remain enforceable, and federal courts are actively upholding them. UnidosUS will continue working with nearly 300 partner organizations to ensure that the longstanding privacy safeguards Congress put into law are respected and enforced.”