Appeals Court Blocks IRS From Giving ICE Addresses

Appeals Court Blocks IRS From Giving ICE Addresses

Stone columns and steps of a federal courthouse building in hedcut engraving.
The D.C. Circuit appeals court blocked the IRS program that shared taxpayer addresses with immigration agents.Illustration: The Frank

The News

A federal appeals court on Tuesday blocked the IRS from sharing taxpayer data with Immigration and Customs Enforcement, upholding a lower-court order that halted a program built to answer an ICE request for the last known addresses of 1.28 million people.

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit found the program violated a tax-privacy law Congress passed in the 1970s after Watergate, when the executive branch was caught using taxpayer files against its enemies.

The ruling leaves the district court's injunction in place while the case continues — it is not a final judgment on the merits.

What the Ruling Blocks

Circuit Judge Cornelia Pillard, writing for the panel, said the privacy law bars the IRS from handing tax records to another federal agency unless strict conditions are met, and that the program failed them.

One condition: the requesting agency must supply the name and address of each taxpayer whose records it wants. According to the ruling, the IRS system checked only whether ICE had typed five or nine digits into the address field. The digits did not have to form a real zip code, and ICE did not have to give a street, a city or a state. The IRS turned over addresses on requests that listed the taxpayer's address as "Unknown Address," "Failed to Provide," or "NA NA."

"A zip code is not an address, and a zip code proxy, as the IRS would define it, might as well be a set of random numbers," U.S. District Judge Colleen Kollar-Kotelly wrote in February, in a passage the appeals court quoted. "For instance, ICE could have submitted a request with an 'address' like, 'Don't Care 12345,' or, '00000,' and still received a taxpayer's address."

"The IRS's operative policy to provide information on those terms flies in the face of the statutory command," Pillard wrote.

The Numbers

The IRS handed over 47,289 taxpayer records in August 2025, and more than 90% came through a matching process that never checked the address ICE supplied, according to the ruling. Kollar-Kotelly found in February that the agency had broken the privacy law roughly 42,695 times.

The law also limits disclosure to agency employees "personally and directly engaged" in a criminal investigation of that specific taxpayer. The ruling said the IRS program required only that ICE fill in a point-of-contact field, which would accept an entry like "Unknown" or "TBD" — and that ICE listed the same person as the point of contact on all 1.28 million requests. Earlier that month, ICE had also asked the IRS for records on more than 7 million people it said had entered the country illegally.

The district court called it "facially implausible" that one person could be personally and directly engaged in roughly 47,000 criminal matters, let alone 1.28 million.

Timeline

April 2025

Treasury Secretary Scott Bessent and Homeland Security Secretary Kristi Noem sign the data-sharing agreement, after career IRS officials repeatedly refused, CNN reported. Chief privacy officer Kathleen Walters had told the acting commissioner in late February 2025 that "there is no clear legal authority right now for this."

June 2025

Then-IRS Commissioner Billy Long issues a letter starting the practice of sharing taxpayer data with DHS to identify illegal immigrants, AlterNet reported. Long was fired within two months and later appointed ambassador to Iceland.

Summer 2025

The IRS builds the system to answer ICE's request for the last known addresses of 1.28 million people, according to the ruling.

August 2025

The IRS transfers 47,289 taxpayer records.

November

A district court order halts the program. The Center for Taxpayer Rights is the plaintiff pressing the case.

February

Kollar-Kotelly finds the IRS violated the statute roughly 42,695 times.

May

Justice Department attorney Jacob Christensen argues the appeal.

August

U.S. District Judge Indira Talwani rules DOGE must produce its internal communications about the data-sharing deal, plus communications from inside the Social Security Administration, by Sept. 14.

Sept. 8, 2026

The D.C. Circuit panel upholds the order blocking the program.

Reactions

Justice Department lawyers argued the district court's order "impedes and delays federal law enforcement" by restricting information ICE is entitled to receive. "But that's a gripe with Congress, not the court," Pillard wrote.

The administration also called the requirement that the IRS notify the district court before answering future DHS requests "highly unusual and harmful," saying it would expose criminal investigations. "That argument is weak sauce where the district court has permitted the IRS to file any necessary notifications 'under seal,'" Pillard wrote — a line AlterNet reported the court paired with a warning that IRS personnel "face steep civil and criminal consequences" if they keep sending taxpayer information to DHS.

Christensen acknowledged at argument that the program produced "concededly unlawful" transfers. "[T]he Government would readily admit that there were mistakes made, that some information was disclosed not in compliance with the statute," he told the panel, according to the ruling. "I'm not aware of what, if any, action IRS has done to correct the [error]."

A former IRS employee described the pressure campaign to CNN: "It felt like a hostile takeover."

What's Next

The injunction stands, and the IRS must notify the district court — under seal if needed — before answering any future Homeland Security request for taxpayer information.

DOGE's internal communications about the deal are due to Talwani's court by Sept. 14. The administration has not said whether it will seek further review.

More

The appeals court noted the government's own acknowledgment that ICE wanted the data to support the White House's mass deportation agenda. On that record, the district court found the material raised an inference that ICE's claim to be running criminal investigations "was pretext."

President Donald Trump invoked the same taxpayer privacy law on his own behalf in January, suing the IRS and the Treasury Department for at least $10 billion over the leak of his tax returns by a former IRS contractor, Tax Notes reported. He dropped that case on May 18, two days before a deadline to explain why he and the agencies he oversees were "sufficiently adverse," according to Axios.

Poll

Should the IRS be allowed to give taxpayer addresses to immigration enforcement?

Never — tax data is off limits
0.0%
Only with a named taxpayer and a real criminal case
0.0%
Yes, whenever ICE asks
0.0%

Colleges Condemn Students Mocking Kirk Assassination Anniversary

Charleston White Arrested Again on Florida Battery Charge

Border Patrol Rescues MS NOW Crew in Desert

Supreme Court Restores Missouri's Old House Map

Alaska Drops Felony Voter Charges Against Samoans

Trespasser Breaches Harris' Malibu Estate; No Arrest

Hegseth Pressed Downed Airmen Into 60 Minutes

Houthis Seize Mokha, Choking Saudi Oil Exports

Altman Rules Out OpenAI IPO This Year

Jury Acquits Lil Durk in Murder-for-Hire Case

Judge: Trump Broke Law Halving FEMA Staff

Maher Calls Democrats' Gaza Genocide Claim a Lie

Blizzard Revives StarCraft, Sends Diablo to Netflix

Trump's Queens Childhood Home Sells for $1.93M

Scientists Find New Virus in Tick Invading US

Britain Bans Settlement Imports; US States Threaten Payback

Prison Fire Kills 7 as Kurds Protest Killing

Kosovo Rallies for Ex-President Before Hague Verdict

Cruz Booed at GameDay Over College Sports Bill

Blast Hits Bulgarian Arms Plant Supplying Ukraine