IRS Proposes Regulations to Deny Tax Credits to Undocumented Immigrants
The Internal Revenue Service (IRS) and the Treasury Department have proposed new regulations that would prevent undocumented immigrants from receiving refundable tax credits, including the Earned Income Tax Credit, the Child Tax Credit, the Adoption Tax Credit, and the American Opportunity Tax Credit. This proposal aims to clarify and apply the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which states that only U.S. citizens, U.S. nationals, and qualified aliens are eligible for federal public benefits. The Justice Department's Office of Legal Counsel has provided a legal analysis concluding that the refunded portions of these tax credits qualify as federal public benefits. Under the proposed rules, to receive the refunded portion of an affected credit, a taxpayer must be a U.S. citizen, U.S. national, or qualified alien when filing their tax return. For joint returns, only one spouse needs to meet this eligibility. The regulations specifically target the refunded portion ...