Immigration advocacy groups are calling for the immediate release of an unredacted version of the government’s memorandum of understanding (MOU) that facilitates the sharing of noncitizen tax information between the Internal Revenue Service (IRS) and the U.S. Department of Homeland Security (DHS). In a legal motion filed in a D.C. federal court on Thursday, the groups are pressing the U.S. Department of Justice to hand over the complete, unredacted document, which they claim contains critical information related to the ongoing dispute.
The MOU, signed by U.S. Treasury Secretary Scott Bessent and DHS Secretary Kristi Noem, permits the IRS to share sensitive taxpayer information with ICE and other agencies for individuals under criminal investigation, even if the alleged offenses do not relate to tax violations. However, significant portions of the MOU were redacted before being filed with the court earlier this week, with the government offering no clear justification for the omissions.
The immigration groups, including Centro de Trabajadores Unidos, Immigrant Solidarity DuPage, Somos Un Pueblo Unido, and Inclusion Action for the City, argue that withholding key portions of the document prevents proper judicial review and violates the transparency required in legal proceedings.
“The government has refused to provide an unredacted version of the MOU, even after we committed to limiting access to it,” said Nandan M. Joshi, a lawyer with Public Citizen Litigation Group, who is representing the advocacy groups. “This lack of transparency raises serious concerns about the fairness and legality of this agreement.”
The groups assert that the government’s actions circumvent necessary legal procedures and undermine the court’s ability to fairly evaluate the case. The MOU’s redactions were made without seeking prior court approval or filing the document under a protective order, as would be standard procedure for sensitive material.
“We believe the law enforcement privilege the government has invoked is no longer valid,” Joshi added. “By filing a heavily redacted document without justifying the redactions, the government has waived any claim to this privilege.”
The groups have also filed a motion seeking a preliminary injunction to halt the ongoing sharing of taxpayer data with DHS and ICE, arguing that it could result in the mass deportation of immigrants based on confidential tax information, which was not intended for immigration enforcement purposes.
The Department of Justice has argued that the sharing of tax information is permitted under exceptions to the IRS code, specifically for use in criminal investigations. However, immigration advocates maintain that this exception should not apply to individuals facing immigration-related issues.
The case is ongoing, and the court will consider the motions in the coming weeks. The immigrant groups are urging the court to prevent the release of taxpayer location information until the case is fully litigated.
