IRS criminal investigators in Chicago being ‘deputized' as immigration enforcers under Trump administration plan
The Trump administration's refocusing of federal resources on immigration has landed at the Chicago office of the IRS's criminal investigation bureau, where agents accustomed to working complex financial cases are now being prepared for unprecedented special assignments to help track down undocumented immigrants, a memo obtained by the Tribune shows.
The communication sent to staff this week by Ramsey Covington, special agent in charge of the IRS-Criminal Investigation's Chicago field office, said he was still 'working to get legal advice/clarification' on the situation, but that as many as a dozen Chicago-based agents were expected to be detailed to the Department of Homeland Security's local immigration efforts for up to six months.
The plan to 'deputize' IRS agents, which was first revealed in February in a leaked letter from Department of Homeland Secretary Kristi Noem, is uncharted territory and comes with several snags, including that IRS agents are not trained on federal immigration issues, often referred to as 'Title 8,' and could potentially face civil lawsuits if they overstep their authority.
The memo from Covington sought to allay any fears in the ranks, though he acknowledged the situation was 'fluid' and he was still seeking clarification from the Department of Justice on his office's exact role. No agents would be put in the field without proper clearance, Covington assured.
'Our expectation is that employees will be trained on Title 8 prior to participating in any action under that authority,' the memo stated. 'This may be coordinated at the field office level, and we are still gathering information on this.'
Marcus Johnson, a spokesman for the IRS Criminal Investigation, Chicago Field Office, would not confirm any internal communications with staff, but said the office 'will comply with all directives from the Department of Treasury leadership.'
Messages left with the Treasury and Homeland Security departments were not immediately returned Wednesday.
As an arm of the Treasury Department, the IRS is responsible for the collection of taxes and enforcement of related laws, but agents with the criminal investigation division do important, often-unheralded work uncovering large-scale drug trafficking, money-laundering and fraud schemes.
In Chicago, where there are about 60 IRS special agents working downtown and in the suburbs, the IRS has been particularly effective in public corruption cases, including the blockbuster investigations of former Govs. George Ryan and Rod Blagojevich as well as ex-Ald. Edward Burke and former House Speaker Michael Madigan.
In his first months in office, President Donald Trump has marshaled resources from across the federal government to help enforce his strict immigration and deportation policies, enlisting agencies like the Treasury Department that typically had no role in immigration enforcement.
On Feb. 7, Noem sent a letter to Treasury Secretary Scott Bessent to request agents to help dig into human trafficking networks, find businesses hiring workers in the U.S. illegally, and assist with other immigration-related tasks, according to reports from multiple news agencies, including Reuters.
'It is DHS's understanding that the Department of the Treasury has qualified law enforcement personnel available to assist with immigration enforcement especially in light of recent increases to the Internal Revenue Service's work force and budget,' Noem said in the letter, which was reviewed by Reuters.
More recently, a 'memorandum of understanding' was struck allowing DHS to ask the IRS to confirm the home addresses of illegal immigrants suspected of violating deportation orders. As part of the deal, the IRS can share data to aid criminal investigations but is prohibited from sharing information related to civil matters, such as facilitating deportations.
The issue has raised alarms among Democrats in Congress and led to several lawsuits, including one filed in Washington D.C. by the Illinois-based immigrant-rights groups Centro de Trabajadores Unidos and Immigrant Solidarity DuPage claiming DHS was 'seeking access to taxpayer information to identify, locate and remove illegal immigrants,' in violation of federal law.
Earlier this week, a federal judge denied a motion for a preliminary injunction, saying the deal between DHS and IRS on its face says the information could only be used against 'persons subject to criminal investigation.'
'At its core, this case presents a narrow legal issue: Does the Memorandum of Understanding between the IRS and DHS violate the Internal Revenue Code? It does not,' U.S. District Judge Dabney Freidrich wrote in her ruling Monday.
In his note to local Chicago agents, meanwhile, Covington said the general objectives will be to assist with locating children separated from family members, detention and deportation efforts and 'locating gang targets (investigative/possibly financial in nature).'
The memo directed agents to 'NOT share tax information as part of these efforts.'
'The information sharing between IRS and ICE is being handled through a separate (Memorandum of Understanding) and attorneys with ICE and IRS counsel,' the memo stated.
The memo said the exact timing of the operation was still in flux but 'we anticipate employees should be prepared to begin assistance in the next couple of weeks.'
Employees were instructed to fill out an Immigration Assistance spreadsheet by Tuesday if they would like to volunteer for the assignment.
'This support is in response to the request made by the DHS Secretary to the Treasury Secretary several months ago,' the memo stated. 'This remains fluid and we are being asked to remain patient and flexible.'
jmeisner@chicagotribune.com
rlong@chicagotribune.com
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