According to a deal obtained by the Associated Press, immigration and customs enforcement officials are set to gain access to personal information of 79 million Medicaid subscribers. This includes sensitive details such as home addresses and ethnic backgrounds, which will aid in tracking undocumented immigrants in the U.S.
The agreement indicates that ICE personnel will have the capability to locate “alien locations” nationwide. The pact, signed between the Centers for Medicare and Medicaid Services and the Department of Homeland Security, remains undisclosed to the public.
This significant sharing of health data with deportation officials marks a notable increase in the Trump administration’s efforts against immigration, which has seen a daily average of 3,000 arrests.
There are concerns among lawmakers and some CMS officials regarding the legality of this access to Medicaid data in certain states. Health and Human Services officials mentioned that this represents an alarming trend of misusing the program to root out participants.
Nevertheless, the latest agreements highlight how ICE plans to utilize the health data.
“ICE uses CMS data to obtain identity and location details about individuals identified by the agency,” the contract states.
These disclosures could instill fear among those seeking medical aid for themselves or their children, regardless of whether they are undocumented or not. Other recent crackdowns have made institutions like schools and churches feel unsafe, impacting even U.S. citizens worried about being caught up in immigration-related actions.
HHS spokesperson Andrew Nixon wasn’t involved in the immediate contract details, and it remains uncertain if Homeland Security is currently utilizing this information. A spokesperson for the agency indicated that both departments are “exploring initiatives to prevent unlawful foreigners from accessing Medicaid benefits designed for law-abiding citizens.”
The database may reveal names, contact information, dates of birth, race, and ethnic data for all Medicaid registrants to ICE officials. Medicaid, primarily aimed at the poorest demographics—including many children—operates on both state and federal funding.
ICE agents won’t be able to download this data but can access it from 9 am to 5 pm, Monday through Friday, starting September 9.
“They are transforming us into immigration agents,” remarked CMS officials, who requested anonymity.
It’s important to note that immigrants who lack legal status, as well as those who are legally present, are usually not eligible for Medicaid. However, federal law mandates that all states offer emergency Medicaid, which provides life-saving services to everyone, including undocumented individuals and legal residents.
Many often resort to Emergency Medicaid in desperate situations, according to Hannah Kucchi, a former CMS adviser during the Biden administration.
“It’s hard to believe that CMS would breach the trust of Medicaid subscribers like this,” Kucchi expressed. Historically, registrant information hasn’t been shared outside government channels for law enforcement purposes related to auditing the program.
Just last month, Trump officials requested that a federal health agency release identifiable data about millions of Medicaid beneficiaries from seven states allowing non-citizens to enroll in full Medicaid.
Some states have initiated programs during the Biden administration aimed at these migrants without seeking federal funds for their health costs. Many of these states, like California and New York, are led by Democratic governors.
The data sharing with DHS has triggered significant backlash, with 20 states alleging that it violates federal health privacy laws.
CMS staff have previously challenged this sharing but have not halted it, now at the center of an ongoing lawsuit. Recently, CMS officials were once again discussing whether to grant DHS access, mindful of the litigation.
In an email chain titled “Hold DHS Access – Emergency,” CMS Chief Legal Officer Rujul H. Desai suggested seeking a direct appeal to the Department of Justice to suspend information sharing. The following day, a HHS attorney acknowledged that the DOJ was “pleased” with CMS’s openness to providing DHS access.
Last month, a group of Congress members, including some Democratic senators from California, sent letters demanding an end to this information sharing.
“The massive transfer of personal data affecting millions of Medicaid recipients should concern all Americans. This violation of privacy law needs to cease immediately,” emphasized Schiff, addressing the new agreements.
The updated contracts indicate that DHS aims to use this data to identify undocumented individuals residing abroad. However, HHS officials have reiterated that this is primarily a cost-saving strategy to verify unauthorized access to Medicaid benefits.
“HHS strictly complies with legal requirements to ensure that Medicaid benefits are reserved for eligible individuals,” Nixon affirmed in response to last month’s lawsuit.
