CLEVELAND — Immigration attorneys across the country are anticipating another major shift in longstanding policies and legal processes.
Maragaret Wong is the managing partner of law firm Maragaret W. Wong & Associates L.L.C, in Cleveland. Each week seems to bring a new challenge, she said, but there are two particular changes that many people are keeping an eye on.
“So aside from the Lincoln Riley Act, other things have happened. They talk about mass removal, mass deportation. They're putting people in military planes and removing them … But the most important now, coming up, the April 11 registration and the tax,” Wong said.
The Trump administration is reviving a 1940 immigration law requiring all immigrants to register with the federal government and carry proof of their registration. Now in less than 14 days, undocumented immigrants could face fines or imprisonment if they fail to comply. Wong, who’s worked in the legal field for decades, said the requirement is fueling fear among the immigrant community and those who take on their cases.
“Our job as immigration lawyer is zealously protect our clients from deportation, from not getting a work permit,” she said. “So if they register, will ICE just come and pick them up? We don’t know yet.”
The registration form is now accessible online, and soon, access to undocumented immigrants’ tax information could also be a few clicks away.
The Internal Revenue Service is nearing a deal with Immigration Customs and Enforcement, according to reporting by the Washington Post. Under the agreement, the IRS could cross reference the names of undocumented immigrants with their taxpayer database, which has always been confidential
“We're very worried because we pay tax through a tax ID number, which means that we really don't get the benefits, but we still pay tax,” Wong said. “Now, what the administration is doing now, [is] saying that even if you pay tax, [or] don't pay tax, I'm going to find you.”
The IRS writes that it requires foreign workers to pay taxes “despite their illegal status,” using individual taxpayer numbers (ITINS). According to the Institute on Taxation and Economic Policy, undocumented immigrants’ paid more than $96 billion in federal, state and local taxes in 2022.
José Juarez, founding partner at Bartell Georgalas & Juarez, said the new rule refutes a common narrative surrounding the immigrant community.
“If non-citizens don't pay taxes, why would there be any information about non-citizens in the IRS? Database?” he said.
Still, as privacy remains a top concern for many, Wong said government access to noncitizens’ tax information isn’t something new.
“When I file for my green cards, I always tell my people I need through your tax return, I need ten year tax return,” she said. “So we voluntarily give it to them … I think it's really to scare people, to create chaos.”
Regardless of how these potential changes play out, Wong said, she’s determined to help immigrants navigate them.
“We have three things no one can take away from us. It's our brains and our minds, our heart and our passion,” Wong said. “Without this, you cannot dream to live in America.”
