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As of April 8, a new memorandum of understanding (MOU) was signed between the Department of Homeland Security (DHS) and the Internal Revenue Service (IRS), marking a dangerous shift in how immigration enforcement could impact undocumented immigrants. This partnership allows DHS to access IRS data to identify individuals who may be unlawfully in the U.S., particularly those using ITINs (Individual Taxpayer Identification Numbers). Small business owners and taxpayers who’ve used an ITIN to comply with tax laws may be at increased risk of enforcement actions. If you or someone you know has been using an ITIN, it’s critical to understand the potential consequences and know how to act if a loved one is detained.

Many U.S. citizens are married to undocumented immigrants or immigrants who have overstayed their visa, and many of these immigrants have businesses using ITINs that financially support their U.S. citizen spouse. These businesses pay taxes through their ITIN. Please contact KVX today for personalized lawyer services to assist with an adjustment of status to obtain a green card for your foreign born spouse.

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What You Need to Know:

• New DHS and IRS MOU: As of April 8, DHS and the IRS signed a memorandum of understanding allowing DHS to access IRS data. This could lead to increased scrutiny of individuals using ITINs—especially those who own businesses or file taxes.
• Targeting Undocumented Immigrants: The MOU provides a pathway for DHS to identify individuals who may be in the U.S. unlawfully by cross-referencing IRS records. Immigrants who have used ITINs to comply with tax laws may now be at greater risk of detention and deportation.
• Small Business Owners and ITIN Users: Many immigrants, particularly small business owners, use ITINs to pay taxes and remain compliant with U.S. tax laws. The new partnership could put these individuals in the spotlight, making them vulnerable to enforcement actions.
• Impact on Immigration Cases: This partnership could lead to an increase in detentions. If your loved one is detained, time is of the essence to take appropriate legal action.

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What to Do If Someone Is Detained by ICE:

1. Locate the Detained Immigrant
   • Use the official ICE Detainee Locator to find where your loved one is being held.
   • You’ll need their A-number or full name, country of birth, and date of birth.
2. Contact Your Immigration Attorney Immediately
   • At KVisaXpress, we respond urgently to detention cases and have extensive experience coordinating with families under pressure. Contact us now if someone you love has been detained.
3. Consider Filing a Habeas Corpus Petition Quickly
   • Recent U.S. Supreme Court rulings clarify that any habeas petition for an immigrant’s release must be filed in the federal district court where the immigrant is physically detained.
   • Acting fast can be the difference between prolonged detention and timely release.

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Why This Matters to Immigrant Communities in West Virginia, Kentucky, Pennsylvania, Virginia, and North Carolina

West Virginia’s small business owners and hard-working families have long relied on ITINs to pay taxes and remain compliant. The same is true for immigrants in Kentucky, Pennsylvania, Virginia, and North Carolina, where many undocumented residents also use ITINs to meet their tax obligations and support their U.S. citizen spouse and children. If enforcement tactics shift to target these individuals, these U.S. Citizen spouses and children could face devastating consequences.

Stay alert. Stay informed. And most importantly, know your rights.

👉 Learn more about our legal services
👉 Schedule a confidential consultation

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Charleston, WV’s Trusted Immigration Law Firm Serving Clients in WV, KY, PA, VA, and NC
We are committed to helping U.S. citizens and lawful permanent residents protect their loved ones through rapid, strategic legal action.
Visit us at www.kvisaxpress.com for more resources and support.

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This blog is for informational purposes only and does not constitute legal advice. Always consult with an attorney for case-specific guidance.