Since 2003, applications for an ITIN must be accompanied by a tax return, with few exceptions. And to avoid confusion with a Social Security card, the I.R.S. now sends a letter assigning a number, instead of a card.
Those changes did not mollify critics like Mark Krikorian, director of the Center for Immigration Studies, which opposes bills that would let some longtime illegal residents achieve legal status.
“First of all, almost all the people filing tax returns are doing it because they’re going to get tax refunds,” Mr. Krikorian said. “It’s a bad thing, because they’re not obeying the law — they’re deciding which laws they prefer to obey. If they were interested in demonstrating their law-abiding nature, they would pack up and go home.”
At a senior center in Jackson Heights, Queens, where Mr. Lima waited with an envelope decorated with an American flag and the label “Important Tax Records,” organizers of the free tax-help program said that ITIN refunds were much less common there than tax bills.
Of 1,700 ITIN returns prepared there between mid-January and early April, two-thirds of the filers owed money, said P. J. Kim, director of income policy at Food Change, a nonprofit agency in New York City that uses laptops and software lent by the I.R.S. The average income was $9,400 a year, the average tax bill was $623 and the highest was $7,275.
Mr. Lima said that he had been a police officer for 16 years in Ecuador, before the country’s economic crisis left him unable to support his wife and three daughters on his wages. He sent them about half the $12,000 he made last year, he said. “I’m not afraid,” he added. “I really don’t feel I’m doing anything wrong. I’m working and I’m paying taxes.”
Others are afraid, but file anyway, said Lourdes Montes-Greenan, Latino services manager for the nonprofit East Harbor Community Development Corporation in Baltimore, where a day of immigration raids around that city disrupted tax preparation, even though the group’s office was not raided.
“The day after the raid, nobody showed up in the office,” Ms. Montes-Greenan said. “People were scared.” Yet by the end of the week, she added, the flow of taxpayers was as high as ever.
“They say they want to be compliant,” she said. “In case immigration reform comes, they want to be ready.”
Another reason for a surge in ITIN filers, Ms. Borthayre suggested, is that tax preparation chains like Liberty Tax Service and H & R Block are waking up to the market, and are learning to navigate the complications. Under tax treaties with Mexico and Canada, for example, ITIN filers can even claim deductions for dependents who live in those countries, reducing their taxable gross income by about $3,300 per child, she said. But children must have their own ITINs to be listed, fueling demand that has pushed the price per application as high as $200 at some unscrupulous mom-and-pop operations.
“People are desperate,” she said. “They believe immigration reform is either here or on its way.”
In the Queens center, Ana Andrade, 32, from Mexico, had other incentives. She presented a W-2 form that showed withholding of more than $3,000 from the $24,000 she had earned as a cook in a Manhattan restaurant, at $10 an hour. Like more than seven million such W-2 forms nationwide, hers bore a false Social Security number.
No problem, the senior tax specialist explained. Her return would be filed under her ITIN, with the problematic W-2 form, and the I.R.S. would simply credit her wages to her ITIN. The result: a $2,000 refund, based mainly on child credits for her two American-born children, 9 and 10.
Ms. Mathis of the Internal Revenue Service said that if the name on the W-2 matched the name on the ITIN, the return would be processed.
At the next table, Elsa Forero, 35, from Colombia, knew no refund was possible. She watched anxiously as a tax specialist and a volunteer parsed her cash wages as a baby sitter and her deductions for two children, including a 4-year-old son born in New York. The bottom line: She had to pay the federal government $579, but could expect a state tax credit for $115.
“I want to pay taxes because I live in this country and I like to follow the rules,” she said.
And how would she pay?
“Little by little,” she said.