A federal court has ruled that the Department of Homeland Security cannot use Medicaid data for immigration enforcement and that the Department of Health and Human Services is barred from sharing such protected patient information.
The decision came after a federal judge determined that U.S. Immigration and Customs Enforcement improperly accessed the health records of millions of Medicaid enrollees, including U.S. citizens. Advocates warned that this misuse of data could deter people from seeking medical care, putting public health at risk and driving up healthcare costs for states.
The ruling stems from a multistate lawsuit that prevents DHS from using data from the Centers for Medicare & Medicaid Services for immigration enforcement, including data already obtained. This restriction will remain in effect until litigation ends or until DHS and HHS complete a proper decision-making process.
Why It Matters
In a lawsuit filed in Northern California, attorneys general from 20 states—including California, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington—sought to block the use of Medicaid data for deportation and enforcement.
The lawsuit argued that the Trump administration abruptly abandoned its long-standing policy of keeping Medicaid records confidential, doing so without notice or public input. Since 2013, ICE had pledged not to use Medicaid data for enforcement, a policy communicated to states, providers, and patients. U.S. District Judge Vince Chhabria sided with the states, granting a partial preliminary injunction.
According to the complaint, Medicaid data—including Children’s Health Insurance Program information—was shared with ICE. Critics said this could discourage people from seeking emergency care and saddle states with the costs of federally mandated emergency services.
“If members of our community cannot trust that the government will keep their medical history and other personal data safe, they will think twice about going to the doctor when needed,” the attorneys general stated.
They also noted that Congress extended emergency Medicaid coverage to all individuals in the U.S., regardless of immigration status. The judge agreed that the federal government’s sharing of personal data was “arbitrary and capricious.”
“It appears that ICE is primarily focused on obtaining current address information for people who are in the country unlawfully,” Judge Chhabria wrote. “But CMS appears to have granted ICE unfettered access to all information about all Medicaid patients in the United States, whether citizens or noncitizens.”
However, Chhabria denied a request to require federal agencies to hold public hearings before changing data-sharing policies, citing existing statutes that sometimes mandate such disclosures.
The Larger Trend
As part of Trump’s executive order Ending Taxpayer Subsidization of Open Borders, CMS announced in May that it would tighten oversight of Medicaid funds and prevent their use for ineligible individuals. By June, federal health staff were instructed to release personal data for Medicaid enrollees in seven states—California, New York, Washington, Oregon, Illinois, Minnesota, and Colorado—that allow noncitizens to enroll.
Although all states must provide temporary emergency Medicaid for lifesaving services regardless of immigration status, ICE gained access to data on 79 million enrollees under a CMS-DHS agreement. That agreement, obtained by the Associated Press, gave ICE access to the data during business hours through Sept. 9.
“It’s unthinkable that CMS would violate the trust of Medicaid enrollees in this way,” said Hannah Katch, a former CMS adviser.
On the Record
“Everyone should be able to seek medical care without fear of what the federal government may do with that information,” said Washington Attorney General Nick Brown after the injunction.
This article has been carefully fact-checked by our editorial team to ensure accuracy and eliminate any misleading information. We are committed to maintaining the highest standards of integrity in our content.
Katie is a senior who has been on staff for three years. Her favorite type of stories to write is reviews and features. Katie’s favorite ice cream flavor is strawberry.
Leave a Reply