Having a deportation order can raise many questions, especially when you hear that the government might hand out money to taxpayers. One of the most delicate questions is whether you can receive a stimulus check in the United States even if you have an immigration proceeding against you or a deportation order.
The answer is not a simple yes or no. An order of deportation does not by itself determine whether you qualify for a monetary payment. In federal programs like the former pandemic relief checks, eligibility depended on specific tax requirements, including the type of tax residency and having a valid Social Security number.
There is an important distinction: immigration laws and tax rules do not always use the same criteria to determine who is a resident in the United States.
Does a deportation order prevent you from receiving a stimulus check?
Not necessarily. The Internal Revenue Service (IRS) distinguishes between immigration residence and tax residency. According to its explanation of the tax rules, a person who is not a citizen may be considered a tax resident if they meet certain requirements, including the so-called Substantial Presence Test, which takes into account the days they were physically present in the country.
The IRS even notes that an undocumented person can be considered a resident for tax purposes if they meet that test. That does not mean they obtain a legal immigration status nor that a deportation order disappears. They are separate matters.
However, there is a nuance you should not overlook: a final administrative or judicial deportation order can affect the status of a permanent resident for tax purposes when the person held a Green Card. For that reason, it is not enough to know that an order exists; it also matters whether it is final and what your tax situation is.
You can consult the rules in the IRS’s official guide on foreign tax residency.
Do you need a Social Security Number to receive the money?
In the former pandemic-era federal stimulus payments, having a valid Social Security Number (SSN) was a fundamental requirement to receive the individual payment.
The IRS explains that, for the third stimulus payment of up to $1,400, you generally needed to have a valid SSN and meet other requirements, such as income limits and the conditions not to be claimed as a dependent on another taxpayer.
What if you only have an ITIN? This number serves to fulfill tax obligations, but does not substitute for the Social Security Number in meeting the requirement for those individual payments.
There were exceptions for certain households. In the 2021 payment, for example, rules allowed a person with an SSN to receive the credit even if their spouse had an ITIN. There could also be payments for dependents who met the requirements.
The IRS details these conditions on its page about the 2021 Recovery Rebate Credit requirements.
Can you still claim the old stimulus checks?
Here comes an important clarification: the three federal COVID-19 payments have already been issued. The IRS confirms that it is not issuing a new round of those checks.
Nor is the window to claim the 2021 Recovery Rebate Credit still open. The deadline to file a return and claim that money was April 15, 2025.
Therefore, if you come across posts that promise a federal check available to anyone with a deportation order, check the information before sharing your data or paying for supposed procedures.
What should you review if they announce new financial assistance?
If the federal government or a state announces another program, do not assume that the rules will be the same as during the pandemic. Before applying, review:
It’s also worth checking whether it is federal, state, or local assistance. Each program can have different conditions.
A deportation order is a serious matter and its consequences depend on each file. If you have one, consult with an immigration attorney before making decisions about your case. And if the question is about a payment, first look up the official rules of the agency administering it. Do not confuse the right to file taxes with a permit to stay in the United States: they are two distinct matters.
