Every year, millions of immigrants in the United States pay taxes and for decades they have been contributing billions of dollars to the country. This includes those without legal immigration status, as the law has historically allowed them to file taxes using an Individual Taxpayer Identification Number (ITIN), ensuring the confidentiality of that information.
However, this year’s tax filing season has raised new concerns among the immigrant community.
In 2025, it was revealed that the Internal Revenue Service (IRS) and U.S. Immigration and Customs Enforcement (ICE) had made an agreement to share taxpayer data in certain immigration cases, breaking years of confidentiality. The agreement has been challenged in several courts.
Recently, a federal judge prohibited ICE from using tax information shared by the IRS, including data on nearly 47,000 non-citizen taxpayers that had already been provided to the immigration agency.
However, this past February, a court ruled that the IRS may continue to share immigrants’ tax data with ICE. For now, the case remains in dispute and there is still no final decision.
The dilemma: to file or not to file
Given this situation, many immigrants who file using an ITIN face a difficult decision:
Should they file their taxes and take the risk, or not file and lose out on benefits?
The consensus among experts is that it depends on each situation, and that it’s best to seek specialized advice if you have any doubts.
According to the National Immigration Law Center: “For ITIN filers who previously paid taxes using their current address, even if the ITIN must now be renewed, the IRS already has address information for taxpayers who filed taxes with their current address. Also, an employer may have shared a taxpayer’s home address with the IRS in withholding taxes from a taxpayer’s paycheck. In these situations, paying taxes is unlikely to significantly increase risk of disclosure to DHS.”
Filing a tax return helps an individual comply with federal tax laws, and helps to demonstrate good moral character and physical presence in the United States.
On the other hand, failing to file a tax return can lead to immigration complications and result in fines, interest on unpaid taxes, and the loss of potential tax benefits. It may also be considered tax evasion.
Even so, every case is different. That is why, once again, we recommend that you consult with an immigration attorney before making a decision, especially if you have questions about your situation.
Tax credit changes for immigrant families
This year also brings changes that directly affect many immigrant families. As part of the “One Big Beautiful Bill,” tax credits available to ITIN holders have been significantly limited.
Child Tax Credit (up to $2,200 per child)
This year, the federal Child Tax Credit (CTC) requires that the taxpayer have a Social Security Number (SSN) that is valid for work. If filing jointly, it is sufficient for one spouse to have an SSN; the other spouse may have either an SSN or an ITIN.
In addition, each child claimed for this credit must also have their own valid SSN. If the child only has an ITIN, they do not qualify for the credit.
Earned Income Tax Credit (EITC)
For the Earned Income Tax Credit (EITC), the rules are stricter. To claim this credit, the taxpayer and their spouse, if filing jointly, must have valid SSNs. If one spouse files with an ITIN on a joint return, they cannot claim the EITC. And if you want to claim the child-based portion of the EITC, each child must also have a valid SSN.
Excluded from Certain Deductions
Those filing with an ITIN are also excluded from the new overtime deductions and other deductions related to income or age, as well as education credits, which help cover costs such as tuition or books, and tax benefits linked to student debt.
You might be able to claim thousands of dollars in tax credits
Although some people who file using an ITIN have been excluded from key benefits, it’s important to know that they may still be eligible for refunds through other tax credits.
Each year an estimated $10.5 billion in benefits go unclaimed, particularly the Earned Income Tax Credit (EITC), which can be as much as $8,046 if you have an SSN and meet other requirements, as well as the credit for other dependents of up to $500—even with an ITIN—plus state credits that can add up to thousands of additional dollars.
Child savings accounts
Another major change this year is the creation of 530A accounts (also known as “Trump accounts”), which are a new type of savings account that can be opened when filing taxes. It provides for U.S. citizen children born between 2025 and 2028 to receive a $1,000 deposit for their future, even if their parents do not have a Social Security number, although the money cannot be used until the child reaches adulthood.
If you want to learn more about these accounts, we recommend this article from our partner Factchequeado (only in Spanish): Trump Accounts: Who Qualifies, How Much Money They Provide, and How They Work
How can you protect yourself if you decide to file a tax return?
If you decide to file a tax return this year, pro-immigrant organizations recommend taking certain steps to help reduce risk and protect your personal information:
- Carefully review the information you include on your tax return. Experts recommend sharing only the information that is strictly necessary when filing a tax return.
- Connect with trusted community or legal organizations that can guide you and provide support if questions or problems arise.
- Have a family emergency plan, which includes important contact numbers, access to essential documents, and a clear way for family members to communicate.
Where to get free help with filing taxes
There are several free ways to file your taxes, depending on your situation. One option is through https://www.mireembolso.org/en. Here you can choose the option that best suits your needs, whether you want to file online with the help of an expert, in person at a VITA site, or on your own using the tools available on the site.
What is the deadline for filing a tax return?
The deadline for filing your taxes is April 15, 2026. If you need more time, you can request an extension that gives you until October 15 to file your return.
However, this extension only extends the filing deadline, not the payment deadline. To avoid penalties and interest, you must calculate and pay any taxes owed by April 15.
If you expect to receive a refund or tax credits, the IRS gives you up to three years to claim them. In these cases, if you decide to wait to file your return, you will not incur penalties or interest, since there is no outstanding tax debt.
Editor’s note: This article was originally written in Spanish and translated into English by Tilde Language Justice Cooperative.
