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D.C. Circuit Rejects Bid to Halt IRSICE Data Sharing

The decision keeps the IRSDHS data-sharing pact in effect pending further litigation.

Overview

  • A unanimous three-judge panel denied a preliminary injunction sought by immigrant-rights groups challenging the IRS policy.
  • The court concluded that Section 6103 allows disclosure of address information to specified officials for nontax criminal investigations in response to valid requests, with no court order required.
  • Judges described the April 2025 IRSDHS memorandum as a nonbinding policy statement that is not a final agency action reviewable under the Administrative Procedure Act.
  • Court filings show ICE submitted about 1.28 million names, the IRS verified roughly 47,000, and in fewer than 5% of those matches provided additional address details.
  • The ruling is a procedural win for the administration that allows the data-sharing process to continue as the lawsuit proceeds, following reports of erroneous disclosures and related remediation efforts.