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What Back Taxes?New York Democrat Sen. Charles Schumer was a member of the House of Representatives in 1986, when the Immigration Reform and Control Act (IRCA) was passed. His role at the time in enabling amnestied illegal aliens to avoid back taxes may shed light on the current Senate Gang of Eight (including Schumer) framework for "comprehensive immigration reform", which proposes that illegal immigrants would "earn" their initial amnesty status by "settling their debt to society by paying a fine and back taxes".Proponents of the 1986 amnesty frequently referred to illegal aliens as "undocumented taxpayers" on the grounds that their employers were withholding taxes that paid for government benefits, such as a Social Security pension, that most would never receive. The premise was implicitly endorsed by the House Judiciary Committee, whose report on IRCA stated that the "undocumented alien population" had "contributed to the United States in myriad ways, including providing their labor and tax dollars."The IRS declined to issue the regulation, but in the end Rep. Schumer's objective was achieved. On November 10, 1988, Congress enacted 499 pages of tax legislation entitled the Technical and Miscellaneous Revenue Act of 1988. Tucked into page 187 was a one-sentence provision (Pub. L. No. 100-647, § 1012(o)) that barred the INS from sharing with the IRS any tax information that IRCA amnesty applicants submitted pursuant to section 6039E, rendering the submission irrelevant.
