The August proposal targets four major tax credits: the adoption tax credit, the child tax credit, the American opportunity tax credit, and the earned income tax credit. Under the plan, these would be redefined as public benefits, barring non-citizens who fall outside the government's definition of qualified aliens from claiming refunds. This change affects not only undocumented immigrants but also individuals with temporary visas, Temporary Protected Status (TPS), and DACA recipients.
While the administration estimates that 200,000 to 700,000 tax filers could lose eligibility, researchers at the Center on Budget and Policy Priorities (CBPP) argue this figure ignores the wider collateral damage. Their analysis suggests the policy would impact 1 million people, including children born as US citizens who reside in households with non-qualified parents. The average benefit at stake is $3,656 per claim.
Experts from the CBPP contend the rule relies on a flawed reinterpretation of a 1996 welfare reform law. They argue that for three decades, successive administrations have avoided treating refundable tax credits as immigration-restricted benefits. The researchers warn that the move effectively imposes a higher tax rate on families based solely on their immigration status, potentially undermining the health and economic stability of vulnerable households, including survivors of human trafficking and children in the special immigrant juvenile program.




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