Customer privacy

Protecting Customer Privacy Amid Federal Immigration Policy Changes 

Dear Community Partners, 

I want to take this opportunity to share how the Department of Revenue (DOR) is proactively responding to the possible impacts of changing federal immigration policies on our business taxpayers, Working Families Tax Credit applicants, and employees.  

We’ve heard concerns from our community and our staff about how these policies may harm their families and livelihoods. In response, we are taking meaningful steps to protect the privacy of the customers we serve.  

First, we are closely monitoring changes to federal immigration policies, including the recent execution of a Memorandum of Understanding (MOU) between the Internal Revenue Service (IRS) and the Department of Homeland Security. This agreement allows the IRS to share confidential taxpayer data with Immigration and Customs Enforcement (ICE) for criminal investigation and law enforcement.  

This is particularly concerning for us at DOR. We know many of our customers may now worry that their personal information could be passed from the IRS to ICE. This puts them in a very difficult position of having to choose between filing their taxes and possibly risking exposing their personal information or not filing and missing out on important benefits like the Working Families Tax Credit. 

At DOR, we are doing our part to keep the personal information of everyone we serve safe and secure.  

Second, here are some of the key steps DOR has taken to bring awareness about these federal immigration policy changes and reduce their impact on our customers and employees:  

• We shared our concerns with the Federation of Tax Administrators (FTA) about how releasing private information could harm Washington residents. It could discourage people from applying for the Working Families Tax Credit and have a negative impact on voluntary tax compliance and employment practices. In response, the FTA agreed to work with states and ask the IRS for more clarity.  
• DOR continues to follow the Keep Washington Working Act, which says that Washington and its agencies, including DOR, “have a substantial and compelling interest in ensuring the state of Washington remains a place where the rights and dignity of all residents are maintained and protected in order to keep Washington working” (Laws of 2019, ch. 440, § 1). This law helps ensure that Washington remains a place where everyone can live and work with confidence.  
• As required by state law (RCW 43.17.425), we do not share information about our customers’ citizenship or immigration status with federal authorities.  
• We will not release DOR data or records about Washington residents based solely on their immigration status, citizenship, or national or ethnic origin, unless we receive a valid court order, subpoena, or a Public Records Act request.   
• Our Information Governance Office carefully reviews all records requests for information about our business or individual customers. We do this to ensure taxpayer information is protected, as required by the state’s secrecy clause (RCW 82.32.330). 
• All agency staff have been instructed on how to respond if federal immigration enforcement contacts them. Staff are not allowed to give out any information. Instead, they must refer the requests to our Privacy and Data Protection Manager.  
• We work closely with partner agencies, the Commission on Hispanic Affairs, the interagency Small Business Liaison Team, and community advocates to support our most vulnerable residents. Together, we share helpful resources and find ways to respond to the effects of federal immigration policies. 

DOR is fully committed to doing everything within our power to protect the customers we serve and treat them with the dignity and respect they deserve. We’re open to working with you to find more ways DOR can support and stand up for marginalized communities during these challenging times. 

Please feel free to contact me directly to discuss more. 

In community, 
Drew Shirk 

Director 

Washington State Department of Revenue