I hope not. I don’t know if these illegals would be considered resident aliens or not. In the end, Obama’s IRS would make that call, unless Congress specifically forbids it by law.
Rules for every taxpayer for EITC:
•Must have earned income, such as wages, tips or the income from running a business or farm. Most other types of income, such as retirement pensions, though usually taxable, do not count as earned income;
•Must have a Social Security number that is valid for employment for self, spouse and any qualifying children;
•A person can get the credit even with a small amount of investment income, such as interest from a bank account. However, the amount of investment income is limited to $3,300;
•The filing status used must be single, head of household, married filing jointly or qualifying widow or widower. A taxpayer who files as married filing separately cannot get the credit;
•Generally, must be either a U.S. citizen or resident alien;
•Cannot be a qualifying child of another person;
•Cannot file Form 2555 or Form 2555-EZ. These forms are used to claim the foreign earned income exclusion, a tax benefit for Americans who live and work abroad.
Thanks for all the info.