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‘Tax Evasion Is a Crime’: Chilling Warning for Undocumented Immigrants Sparks Fear

Jacob Shelton February 28, 2025

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Dishwasher

Hispanic male worker washing the dishes at a restaurant kitchen

Amid heightened immigration concerns, many undocumented immigrants are grappling with a difficult question: should they file taxes this year? Fear of potential deportation looms large, creating a sense of uncertainty within the community.

“You don’t want to give them an excuse to say you have to leave because you’re doing something wrong,” said Pedro, an undocumented immigrant working as a cook in San Diego. He spoke to NBC 7 under an assumed name. Despite his status, Pedro has consistently filed his taxes since his first U.S. paycheck in 1989. “You are living here, and you must comply with the laws here,” he emphasized.

Pedro, who has no criminal record or deportation order, recently took to social media to encourage fellow undocumented individuals to file their taxes. “All the time they say that we don’t even contribute and only take away the work, but no, we do what they don’t want to do,” he wrote.

Data from the American Immigration Council supports Pedro’s assertion. In 2022, undocumented immigrants contributed an estimated $75.6 billion in taxes, including $46.6 billion in federal taxes.

Immigration attorney Sergio Perez believes that not filing taxes poses a greater risk. “Tax evasion is a crime,” Perez stated. “One of the things they’re going to have to show as part of their application for residency is you paid your taxes.”

“That’s one of the best records anyone can have. Do your taxes and comply with the law,” Pedro advised.

Pedro, who proudly displays the U.S. flag outside his home, hopes that by filing taxes, the undocumented community can demonstrate their contributions and good citizenship. “They’re benefiting from you because what they take from you, they don’t give it back, and we are contributing to the economy,” he said.

It’s important to note that while undocumented immigrants using an ITIN can file taxes, they are not eligible for the Earned Income Tax Credit.
However, some may qualify for the Child Tax Credit if their children are U.S. citizens and under 17.

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