Federal law mandates that wage earning undocumented immigrants pay taxes. Like all U.S. citizens and legal permanent residents, undocumented immigrants are not exempt from tax obligations solely because of their immigration status in the country. It seems like federal immigration laws are punishing undocumented immigrants for their unlawful presence in the United States, while federal tax laws praise and encourage their continued tax reporting. The Supreme Court’s opinion in Department of Commerce v. New York effectively ended the attempt to get a citizenship question on the 2020 Census, but it by no means closed the door on future attempts. Even without a citizenship question, an undercount is very likely on the 2020 Census, especially for the immigrant community, due to the politicization of what should be a scientific enumeration.
December 6, 2019
The Scholar: St. Mary's Law Review on Race and Social Justice
María Fernanda Alfaro,
The Taxation Without Representation of Undocumented Immigrants: Counting Unlawfully Earned Tax Dollars While Intentionally Ignoring Unlawful Presence,
Available at: https://commons.stmarytx.edu/thescholar/vol21/iss3/1
St. Mary's University School of Law
Riley F. Tunnell