Undocumented immigrants become fearful as agreement between ICE and IRS nears

RICHMOND, Va. (WRIC) — Undocumented immigrants in the City of Richmond are beginning to become fearful as a potential agreement with U.S. Immigration and Customs Enforcement (ICE) and the Internal Revenue Service (IRS) nears.

"The agreement itself has not become public knowledge," said Alex Kornya, director of litigation of Virginia-based civil aid organization Legal Aid Justice Center. "There was an initial attempt to restrain the IRS from sharing information with the Department of Homeland Security, which was unsuccessful, but there is currently a renewed application for a preliminary injunction, which is pending before the court and is due to be argued here in a couple of weeks."

The agreement would allow ICE to submit the names and addresses of tax-filers suspected of having illegal status and cross-reference and verify the information with the IRS' confidential data base.

"They shouldn't be doing this. It's going to break a lot of families apart," a Richmond man who spoke with 8News anonymously due to his immigration status said. "Honestly, I would have rather not file and… for them to not know where I live at, rather than just file and disappear."

The Richmond man told 8News he's been living in the country undocumented for 30 years.

"They shouldn't be doing this. It's going to break a lot of families apart," he said. "We have to work for a living if we don't work, we don't eat, we don't have a roof over our head."

Kornya explained that while he understands the heightened dismay, choosing not to file isn't a better alternative than one might believe.

"The consequences of not filing in the current climate are also potentially more negative than they used to be," Kornya said. "It is important, for example, if you wanted to become a United States citizen, the proof of filing and paying taxes is a very important part of that process. And if you don't have that, then that could negatively affect your ability to become a citizen."

Kornya adds failing to file taxes could also affect one's ability to receive permanent residency and receive grace in some deportation cases.

"If folks are in the country and have continuous residence for less than two years, they are subject to a fast track deportation process called expedited removal and one of the ways in which people in the past have demonstrated that they should not be subject to that fast track is by showing that they have filed taxes within the United States for more than two years as proof of continuous presence," he said.

It is important to reiterate that the agreement has not been finalized and one should consult with their immigration attorney about the potential risks to make an informed decision, according to Kornya.