As the United States officially kicks off its tax season on January 26, a familiar anxiety resurfaces for countless undocumented immigrants, including many Cubans. The pressing question is whether to comply with the IRS or remain hidden due to fears of immigration repercussions. Although the deadline to file taxes is April 15, the current climate has rekindled fears that extend beyond mere financial figures.
In late 2022, a judge halted a program that allowed information sharing between the Internal Revenue Service (IRS) and U.S. Immigration and Customs Enforcement (ICE). Despite this, distrust lingers within immigrant communities. A report by Telemundo acknowledged, "For many, fear is inevitable," as the fiscal period gets underway.
During a televised interview, immigration attorney Kathia Quiróz elaborated that while the fear is not baseless, it requires careful consideration. She pointed out that the risk of filing taxes is primarily significant for individuals with existing deportation orders or serious criminal backgrounds, as authorities might request personal information such as their home address. Nonetheless, she warned that failing to file taxes could have far more severe long-term implications.
"Not filing taxes poses a greater risk because it can prevent someone from legalizing their status in the future," emphasized the lawyer in statements captured by Telemundo. From her perspective, when weighing both options, fulfilling tax obligations is generally the wiser choice, as tax evasion is a crime.
The predicament is particularly acute for those filing with an Individual Taxpayer Identification Number (ITIN), a method many undocumented individuals use to meet their tax responsibilities. Quiróz explained that first-time filers can apply for an ITIN concurrently with their tax returns, a crucial step toward "getting right" even if they failed to do so in previous years.
The most prevalent fear, she noted, is the thought that "they are going to come for me." However, she clarified that, to date, requests for information have not been widespread and have focused on individuals already actively sought by authorities. Nevertheless, she acknowledged the persistent uncertainty, especially in communities affected by years of shifting immigration policies.
Adding to the tense atmosphere are significant changes this tax season. Individuals filing with an ITIN will not qualify for the child tax credit of up to $2,200, except in cases of mixed-status couples where one spouse holds a Social Security number. This policy directly impacts many working families, particularly Cuban ones, who rely on these credits to balance their finances.
Meanwhile, experts advise filing tax returns as early as possible. The IRS predicts that those who file electronically with direct deposit may receive their refunds in less than 21 days. In a year marked by staffing cuts at the agency and potential delays, filing early could mean less stress and faster processing, even though it doesn’t completely alleviate the underlying fears.
Key Concerns for Undocumented Immigrants During Tax Season
Why are undocumented immigrants fearful of filing taxes?
Undocumented immigrants fear filing taxes might expose them to immigration authorities, leading to potential deportation, especially for those with existing deportation orders or criminal records.
What are the consequences of not filing taxes for undocumented immigrants?
Not filing taxes can prevent undocumented immigrants from legalizing their status in the future, as tax evasion is considered a crime, which can have long-term negative implications.
How can undocumented immigrants file taxes without a Social Security number?
Undocumented immigrants can file taxes using an Individual Taxpayer Identification Number (ITIN), which they can apply for at the same time as filing their tax return.