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Fact check: Can illegal immigrants claim tax refunds without a Social Security number?
Executive Summary
Undocumented immigrants can file federal tax returns and may receive refunds by using an Individual Taxpayer Identification Number (ITIN) in lieu of a Social Security number; the IRS issues ITINs for tax purposes and they permit filing and some refunds, but ITIN holders face clear limits on certain tax credits and benefits that require valid Social Security numbers [1] [2]. Recent policy changes and legislation introduced in 2025 and later have tightened qualification rules for credits like the Earned Income Tax Credit and Child Tax Credit, producing a patchwork of eligibility that affects whether refunds include those credit amounts [3] [4].
1. What advocates and clinics say — tax filing without SSNs is possible and common
Legal aid groups and tax clinics report that individuals without Social Security numbers routinely file returns using ITINs, and that these filings can produce refunds for over-withheld income or refundable credits for which ITIN filers qualify, subject to the IRS’s application rules and deadlines. South Carolina Legal Services outlines the ITIN application process and affirms that an ITIN enables filing and potential refunds when requirements are met [2]. Low-income taxpayer clinics reiterate that filing is a right and that professional help can clarify eligibility differences between filing obligations and refund amounts [5].
2. What the IRS formally allows — ITINs are for tax filing but not all credits
The IRS defines ITINs as nine-digit numbers issued strictly for federal tax administration, enabling noncitizens and others without SSNs to file returns, claim allowable benefits, and submit joint returns where appropriate; however, the IRS explicitly bars ITINs from qualifying holders for Social Security benefits and certain tax credits like the EITC in many cases. The agency’s guidance emphasizes that some credits require SSNs for the primary taxpayer or qualifying children to be valid and that ITINs must be assigned by filing deadlines to claim specific credits [1] [6] [3].
3. How recent law and policy shifted the playing field — more limits for ITIN filers
Legislative proposals and enacted changes in 2025 altered eligibility rules, tightening requirements that effectively limit refundable credit access for taxpayers lacking valid SSNs. The One Big Beautiful Bill (OBBB) introduced provisions requiring valid Social Security numbers to claim particular credits and deductions, narrowing options for ITIN filers and creating exceptions that must be navigated carefully. As a result, refund amounts for ITIN filers may be reduced or exclude certain credits depending on whether accompanying family members have SSNs and whether deadlines for ITIN issuance were met [4] [3].
4. Broad data and fiscal context — taxes paid by undocumented workers, benefits received
Fiscal analyses show undocumented immigrants contribute billions in payroll and income taxes yet are largely excluded from Social Security benefits and Medicare, and receive limited refundable tax benefits relative to their tax contributions. Reports summarize that while undocumented workers pay taxes and can get refunds on over-withheld amounts via ITIN returns, their access to retirement and health benefits funded by payroll contributions remains restricted, underscoring a disconnect between tax payments and benefit eligibility [7] [8].
5. Conflicts in reporting and potential agendas — why coverage varies
News summaries and flyers aimed at migrant communities have prompted investigations and differing portrayals: some outlets highlight the right and mechanisms to file with ITINs, while others focus on limitations, enforcement concerns, or legislative intent to restrict benefits. These discrepancies reflect competing agendas — advocacy organizations emphasizing access and compliance [2] [5] versus policy critiques and fiscal watchdogs emphasizing limits and taxpayer fairness [7] [4]. Readers should note that source emphases often mirror organizational missions rather than neutral assessment.
6. Practical implications for someone seeking a refund today — deadlines, documentation, and assistance
For taxpayers without SSNs, the path to a refund requires applying for an ITIN from the IRS, ensuring the ITIN is assigned by the filing deadline to claim time‑sensitive credits, and understanding that some credits remain unavailable without SSNs for the taxpayer or qualifying dependents. The IRS and non‑profit tax clinics recommend using free or low‑cost assistance for accurate filing; missing the ITIN deadline or misclaiming restricted credits can delay refunds or trigger audits [1] [3] [5].
7. Bottom line — refunds are possible but constrained; check deadlines and credit rules
Undocumented immigrants can claim tax refunds using ITINs for wages and refundable amounts allowed under federal rules, but legislative and administrative changes in 2025 narrowed access to specific refundable credits, making eligibility contingent on SSNs for certain taxpayers or dependents and on timely ITIN issuance. Prospective filers should consult IRS ITIN guidance and reputable tax clinics to verify which credits apply to their situation and to ensure compliance with current rules and deadlines [1] [4] [2].