Federal Judge Allows Data Sharing with Immigration Authorities
NEW YORK (AP) — A federal judge has ruled that states can start sharing the personal information of some Medicaid recipients with deportation authorities, effective Monday. This decision is a setback for the states that had filed a lawsuit over privacy issues.
However, the judge’s ruling, issued last week, places strict limits on what data the 22 suing states can share. Currently, only basic biographical information about immigrants in the U.S. illegally can be disclosed. The lawsuit was prompted by concerns related to data sharing policies that have come to light in reports.
This ruling by U.S. District Judge Vince Chhabria in San Francisco follows an announcement from the Centers for Medicare and Medicaid Services about plans to resume data sharing as part of the Trump administration’s immigration measures.
Chhabria had initially restricted the U.S. Department of Health and Human Services from sharing sensitive personal data—like home addresses—with Immigration and Customs Enforcement officials. This prohibition was extended in December.
Now, as the interim order expires on January 5, HHS is permitted to share “basic biographical, location, and contact information” of undocumented immigrants with ICE. In his ruling, Chhabria noted that this data sharing is allowed by law and adequately explained.
While the legal proceedings are still ongoing, Chhabria clarified that HHS and CMS cannot provide detailed medical information to the Department of Homeland Security or ICE, nor can they share Medicaid information on U.S. citizens or legal immigrants from the plaintiff states.
He raised concerns about the new federal policy being unclear about the information involved, its purpose for immigration enforcement, and the risks associated with sharing it.
On Monday, it was uncertain whether HHS had resumed data sharing regarding Medicaid recipients who are undocumented, as a spokesperson had not yet responded to requests for clarification.
It’s worth noting that immigrants—whether undocumented or legally residing—are generally ineligible for Medicaid, which offers nearly free healthcare. Nonetheless, federal law mandates that all states provide emergency Medicaid, covering life-saving services in emergency conditions, even for non-U.S. citizens. Medicaid is a state-federal partnership.
In June, HHS first shared personal data about millions of Medicaid enrollees in select states. By July, CMS had entered into a new contract allowing DHS daily access to personal information, such as social security numbers and home addresses, of all 77 million Medicaid enrollees nationwide, though these agreements remain undisclosed.
This unusual practice of disclosing personal health information to deportation authorities has led to urgent lawsuits over privacy rights, particularly during the Trump administration’s aggressive immigration enforcement.
Advocacy groups warn that the sharing of personal data could deter individuals from seeking emergency medical care, both for themselves and their children. Efforts to crack down on illegal immigration have created an atmosphere of fear in everyday spaces like schools and churches, impacting not only immigrants but also American citizens concerned about being involved in raids.
CMS has stated that its intent to share data with ICE aligns with federal law and aims to “advance the administration’s immigration priorities.” This data sharing is part of a broader, unprecedented immigration enforcement initiative. Additionally, in May, a federal judge allowed the Internal Revenue Service to continue sharing immigrant tax information with ICE to aid in locating and detaining undocumented individuals.
