Yes, you can and should file taxes using an ITIN. It’s a legal must and can help with immigration relief, like EOIR-42B or I-601A waivers.
In 2022, undocumented immigrants paid a whopping $96.7 billion in taxes, proving they’re a big part of the economy (ITEP).
If you’re undocumented and thinking, “Do I have to file taxes if I’m undocumented?” or “Can I file taxes safely?
I’m attorney Alicia Morgan; as an immigration lawyer, I say you should file taxes using an ITIN (Individual Taxpayer Identification Number), even if you are an undocumented immigrant.
Because, filing taxes shows you’re following the rules and can boost applications for relief like EOIR-42B or I-601A waivers.
Another agreement between the IRS and DHS in April 2025 lets ICE request taxpayer information, sparking fears of deportation (NBC News, 2025).
It’s freaky, right? But no worries!
This guide breaks down what you need to know about your tax duties, how filing can boost your immigration case, and how to stay safe.
IRS Data-Sharing Agreement: Why Are Undocumented Immigrants Scared to File Taxes?
Feeling nervous about filing taxes?
You might be asking, “Will filing taxes get me deported?”
A new deal of IRS-DHS in April 2025 is freaking people out. It lets ICE ask for info like your name or address if you’re undocumented, have a final removal order, or are in trouble with the law.
Usually, a law (Internal Revenue Code Section 6103) keeps your tax info private, only sharing it for significant criminal cases.
But this new deal changes that, focusing on certain people, and it’s got folks worried about “What are the risks of the IRS sharing my info with ICE?”
Some people are fighting this in court, saying it’s unfair and might break privacy laws. If immigrants stop filing taxes because they’re scared, the U.S. could lose $300 billion over 10 years (Reason, 2025).
But still, you should file to show you’re a good person for immigration cases like EOIR-42B or I-601A.
Can Undocumented Immigrants File Taxes?
Are you curious about “Can a non-US citizen file a tax return?” or “Do undocumented immigrants pay taxes?”
Undocumented immigrants must file taxes with an ITIN, even with IRS-DHS data-sharing risks.
The IRS says anyone earning enough Money must file taxes, regardless of status. If you don’t have a Social Security number, you use an Individual Taxpayer Identification Number (ITIN).
In 2024, the IRS handled 98% of about 174 million tax returns (GAO, 2025). Given these huge amounts, many people are using ITINs to file taxes.
But what about that scary April 2025 IRS-DHS agreement?
It lets ICE get info on folks with criminal records or final removal orders.
For most people, though, the risk is small, and courts might limit it more. Filing taxes is smart because it helps with things like I-130 petitions, showing you’re married to a U.S. citizen or resident for real.
If you still think, why should you file? It shows you follow the law correctly!
How Filing Taxes Helps EOIR-42B Relief
EOIR-42B Relief, known as Cancellation of Removal for Certain nonpermanent Residents.
It’s a form of immigration relief available to undocumented immigrants or nonpermanent residents facing deportation.
It also allows eligible individuals to request an immigration judge cancel their removal from the United States and grant them lawful permanent resident status.
Why is Filing Taxes Crucial?
Filing taxes is a good idea even after the scary IRS-DHS data-sharing deal. EOIR-42B needs you to show you’ve lived in the U.S. for 10 years and are a good person.
As mentioned above, filing taxes supports EOIR-42B applications by:
- Telling the judge, “I’m doing things the right way!
- Showing good moral character through law-abiding behavior.
- Providing evidence of your continuous presence in the U.S.
- Strengthening your case for discretionary approval, as judges view tax compliance favorably.
But if you don’t file, it could hurt your chances of winning your case.
The benefits of filing taxes when undocumented are huge in making your EOIR-42B case stronger.
How does Filing Taxes Support the I-601A Waiver?
Filing taxes strengthens I-601A applications by proving financial contributions and hardship to U.S. relatives.
The I-601A waiver is a special request to the U.S. immigration system to forgive your time in the country without legal status.
But it’s not for everyone!
It’s for the people who need to fix their immigration status without being separated from their U.S. families.
Filing taxes strengthens I-601A applications by:
- Proving Financial Contributions: Tax records show you financially support your U.S. citizen or LPR relative, which supports claims that your absence would cause extreme financial trouble.
- Demonstrating Stability and Ties: Consistent tax filing shows you’re integrated into U.S. society and follow legal obligations, making your case more compelling.
- Supporting Hardship Evidence: Taxes document your role in the family’s economic stability, reinforcing how your removal would disrupt your relative’s life.
Plus, filing taxes proves you’re stable and tied to the U.S., ultimately making you look like a stronger candidate.
No matter your immigration status while filing taxes, it’s a part of your legal duty to show you’re playing by the rules.
Need help?
Immigration Lawyers USA is here to guide you in using your tax documents to make your I-601A case shine.
Remember, filing taxes is a smart move for your waiver!
Comparing Benefits vs. Risks of Filing Taxes
Thinking about the risks and rewards of tax compliance for undocumented individuals?
Let’s examine whether filing taxes is beneficial, especially after the IRS-DHS agreement.
Here’s a simple look at the good stuff versus the scary stuff, plus what happens if you skip filing taxes.
Benefits of Filing Taxes
- Helps Immigration Cases: Filing shows you’re a good person, boosting EOIR-42B and I-601A applications by proving you follow U.S. laws.
- Get Money Back: In 2023, the IRS gave out 120.9 million refunds, totaling over $461.2 billion (IRS, 2023). You might get some cash back!
- It Looks Good to Judges: Filing taxes shows you’re serious about following rules, and immigration judges love this.
Risks of Filing Taxes
- Data-Sharing with ICE: The IRS-DHS agreement might let ICE see your info, like your name or address, if you have a final removal order or criminal record, though it targets specific cases (NBC News, 2025).
- Mistakes in Filing: If you mess up your tax forms or use the wrong info, it could flag your case for review, possibly drawing unwanted attention.
- Unexpected Audits: Filing with an ITIN might lead to an IRS audit, and if your records aren’t clear, it could raise questions about your income or status.
- Future Policy Changes: The current agreement might expand later, increasing the chance of your info being shared with immigration authorities.
- Less Tax Revenue: If fear stops people from filing, the U.S. could lose $300 billion in taxes over 10 years, which might push stricter enforcement (Reason, 2025).
What Happens If You Don’t File Taxes?
However, filing taxes using an ITIN carries multiple risks, and it would be more difficult to stay safe from deportation if you avoid paying taxes!
For instance:
- Penalties: You could face fines and extra charges for unpaid taxes.
- Hurts Immigration Chances: Not filing makes you look less responsible, which can weaken your EOIR-42B or I-601A case.
That’s why, considering the risks I mentioned above, it’s pretty necessary to consult with an immigration attorney before filing taxes.
How to File Taxes Safely as an Undocumented Immigrant
You may be worried after the recent IRS-DHS agreement and thinking, “How can undocumented immigrants file taxes safely?”
Don’t let that fear stop you!
Filing taxes is something you can do, even if you’re undocumented.
This undocumented immigrant tax filing guide will walk you through easy filing steps without worrying.
Let’s get started!
Steps to File Taxes Safely
- Get an ITIN: Fill out Form W-7 for an Individual Taxpayer Identification Number (ITIN). According to the IRS, it usually takes 7-11 weeks to process. This is your key to filing taxes without a Social Security Number.
- Collect Your Income Forms: Grab your W-2 or 1099 forms that show how much Money you earned. These are super important for your tax return.
- File the Right Form: To report your income, use Form 1040 or 1040NR. Double-check everything to avoid mistakes!
- Get Expert Help: Talk to pros like Alicia Morgan at Immigration Lawyers USA. Here, you’ll find a guide through data-sharing risks and make sure your filing is safe and correct.
Want to tackle IRS and DHS concerns while filing your taxes?
Immigration Lawyers USA is here to help you file safely and stay on track with your immigration goals!
Schedule a strategy consultation for a safe filing today!
Frequently Asked Questions
What Are the Consequences of Not Filing Taxes as an Undocumented Immigrant?
If you try to skip filing taxes, you’ll face below consequences:
- You could face fines or extra charges for unpaid taxes.
- Financially, you’ll miss out on refunds that could put cash back in your pocket.
- For immigration, not filing presents you as less responsible and hurts your chances with cases like EOIR-42B or I-601A. So, don’t try to skip it!
Can I Claim Tax Refunds or Credits as an Undocumented Immigrant?
Yes, as an undocumented immigrant, you can get tax refunds if it was overpaid!
You will also qualify for credits like the Earned Income Tax Credit (EITC) or Child Tax Credit (CTC), especially if you have U.S. citizen kids.
How Can Undocumented Immigrants Get an ITIN, and How Long Does It Take?
Just fill out Form W-7 with your ID and proof of income. Now, send it to the IRS.
It usually takes 7-11 weeks to process.
How Can Undocumented Immigrants Ensure Their Tax Information Is Kept Private?
Keep your info safe by using an ITIN;
- Double-check your forms to avoid mistakes that could raise flags.
- Talk to an immigration lawyer to guide you in filing correctly and dodging data-sharing risks.
Final Thoughts
As an undocumented immigrant, filing taxes is your legal duty and also a game-changer for immigration cases like EOIR-42B and I-601A.
Because It proves you’re a good person and supports your family ties, which ultimately makes your case stronger
However, if the IRS and DHS’s agreement to share data sounds spooky and you wonder if you should file taxes now, it’s best to contact an experienced immigration attorney like those at Immigration Lawyers USA about your specific situation.
If you are concerned about balancing the risks and benefits of filing, contact us today to discuss safe tax filing with peace of mind and avoiding risks of detention.
