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NEW YORK (AP) -- The Trump administration would require U.S. taxpayers to disclose their citizenship and work authorization status to the IRS as part of a proposed change to the annual tax form that nearly all workers file each year.
Administration officials argue the new requirement will help the federal government stop immigrants lacking permanent legal status from collecting federal benefits they are not eligible for, potentially saving taxpayers up to $2 billion. But taxpayer and privacy advocates say the data could be used to help find and deport those people.
Most Americans will see it as a new checkbox that gives the government even more information on taxpayers. But those living in the country illegally face a more complicated choice: Declare on a tax return that they are not authorized to live in the U.S. or lie on the return, which is a felony. Some may stop filing their taxes altogether.
The IRS posted its draft 1040 form for 2026 in late August. It includes the question, "At the time you file your return, are you, and your spouse if filing jointly, a U.S. citizen, U.S. national, or an alien lawfully authorized to work in the U.S.?" There are "Yes" or "No" checkboxes for both the filer and their spouse. A draft of a second form, known as Schedule 3-A used to claim refundable tax credits, asks a similar question.
The questions are not optional. Every tax filer must certify under penalty of law their immigration or citizenship status to the IRS to file their return.
The Treasury Department says the new question is meant to keep immigrants lacking permanent legal status from taking advantage of refundable tax credits, such as the Earned Income Tax Credit or the Additional Child Tax Credit. These are credits for which low- and middle income workers and families may qualify that often result in a refund back to the taxpayer.
In a statement, a Treasury Department official said the information will be "subject to a variety of privacy, disclosure and other legal protections." The statement did not say whether the information will be shared with immigration enforcement agencies.