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Discussion Points for Punto Legal –June 12, 2019

contextual

1. DACA.

The U.S. Supreme Court will confer on Thursday about whether to take up the Trump Administration’s effort to end DACA. There are four lower court cases in which judges have said DACA lives on because the Trump Administration did not end DACA properly. The Administration has been hounding the High Court to take up a DACA case. We don’t know what the Court will do, but one factor against taking a DACA case is the decision would most likely come in 2020 during a presidential election. Keep in mind that the Administration wants to persuade the Supreme Court that President Obama never had the authority to create DACA in the first place.

2. ITIN’s.

Many of you have ITIN’s. An ITIN is an Individual Tax Identification Number. It is assigned by the federal government, namely by the Internal Revenue Service. It started out as a tax processing number to ensure people-including illegal immigrants-pay taxes even if they do not have a Social Security number. Now an ITIN is a requirement to obtain a Colorado driver’s license for the undocumented. ITIN’s allow the government to collect billions of dollars in tax revenue it would otherwise have no way of collecting.

ITIN’s do not provide legal immigration status and do not provide work authorization. Nevertheless, 4.5 million people have ITIN’s. With an ITIN, you can opening an interest-bearing bank account; get a driver’s license in Colorado; and have a record of paying income taxes. The IRS does NOT share the ITIN with ICE. It is not a law enforcement tool and, by law, cannot be shared with other law enforcement agencies. To get an ITIN you have to fill out a W-7 application form and submit it to the IRS with a completed income tax return. You also have to submit original documents which verify your identity and foreign status. You have to revalidate your ITIN every five years.

I have heard a rumor that there is a woman in the valley who is charging $500 for an ITIN. Don’t pay that kind of money for an ITIN. H & R Block charges $50 for an ITIN.