Can an undocumented worker be deported for applying for an ITIN?

This is a very important question — especially for you as someone who works with undocumented taxpayers through your trabajo in tax preparation (like what you do with Negozee).

🚨 Short Answer:

No — applying for an ITIN by itself does NOT trigger deportation.
But… the full answer in 2025–2026 is more complicated than it used to be.

🧾 Historically (For Decades)

The IRS created the ITIN specifically so people without legal status could:

• File taxes
• Report income
• Pay federal taxes
  

Federal law (IRC §6103) has long required that:

Taxpayer information is confidential and cannot be shared with immigration authorities.

In fact:

• The IRS historically stated it does not share data with immigration enforcement
  
• ITIN information was not intended to be used for deportation or immigration enforcement
  

That’s why millions of undocumented workers file taxes every year.

So simply applying for an ITIN has never been grounds for deportation.

⚠️ What Changed Recently (2025–2026)

In April 2025, DHS and Treasury signed an agreement that would allow:

👉 ICE to request taxpayer information from the IRS
👉 Including names and addresses
👉 But only in limited criminal investigations

The agreement was reportedly intended to:

Help locate undocumented individuals who already have final orders of removal

So:

• Filing taxes does not put someone into deportation proceedings
• But IF someone already has a deportation order, ICE could try to use IRS address data to find them (under narrow legal exceptions)

🛑 Current Status (VERY IMPORTANT)

As of now:

✅ A federal court has blocked the IRS from sharing taxpayer data with ICE

And:

The IRS remains blocked from sharing any personal taxpayer information with ICE or DHS.

So at this moment:

👉 Applying for an ITIN does NOT result in deportation
👉 Filing taxes with an ITIN does NOT automatically expose someone to ICE

🧠 Reality Check for Your Clients

An undocumented worker can be deported for:

• Criminal convictions
• Prior removal orders
• Immigration violations already on record

But:

❌ Not for applying for an ITIN
❌ Not for filing taxes
❌ Not for reporting income

In many immigration cases, filing taxes is actually used as positive evidence of good moral character.

💬 How You Can Explain It to Clients (Simple):

“Applying for an ITIN does not put you on a deportation list. The IRS is currently not allowed to share your tax information with immigration authorities. Filing taxes is required by law and can even help you in future immigration processes.”