In the past, the IRS has kept all tax information private by law, and would never share information about a tax filer’s immigration status or personal information with other agencies. This confidentiality played a critical role in ensuring that immigrants could file taxes without fear of immigration enforcement.
However, the Trump Administration is making unlawful attempts to access confidential personal information. This includes changing the long-established ban on data sharing between the IRS and the Department of Homeland Security and Immigration and Customs Enforcement (ICE). As a result, there are new potential risks involved in applying for an ITIN. Maine Equal Justice will continue following rulemaking and litigation on these issues and share updates as information changes.
The risk of DHS accessing your information is based on many individual factors, including your immigration status and the information already known by the government. If the federal government already has your name, address, and immigration status (for example, if you have a pending application for immigration relief), there is likely little additional risk in applying for an ITIN or filing your taxes.
If you have any questions about your immigration status, personal information, and taxes, you should seek specialized counsel from an immigration attorney.
Updated: February 2026