"If a primary taxpayer, spouse, or both have ITINs, they are ineligible to receive the Earned Income Tax Credit (EITC), even if their dependents have valid SSNs.
It's just the Child Tax Credit......
Question: Can I claim the child tax credit for a child who has an ITIN, rather than a social security number?
Answer: Yes, you can claim the child tax credit for a child with an ITIN (individual tax identification number) if you otherwise qualify.
But in any case the House can change the Tax Code and stop the 'loophole fraud'. They do write the Law.