A federal judge has ordered the U.S. Department of Health and Human Services (HHS) to stop giving deportation officials access to the personal information of all 79 million people enrolled in Medicaid. The information included sensitive details like home addresses and Social Security numbers.
HHS first began sharing Medicaid data in a few states back in June. After an Associated Press report revealed the new policy, 20 states filed a lawsuit to stop it.
In July, the Centers for Medicare and Medicaid Services signed an agreement giving the Department of Homeland Security (DHS) daily access to Medicaid data for every enrollee in the country. The agreement was not made public at the time.
The disclosure of such personal health information to deportation officials was part of President Trump’s broader immigration crackdown, and it immediately raised privacy concerns.
This is not the first time federal agencies have been asked to share private information for immigration enforcement. In May, a judge ruled that the Internal Revenue Service could share tax data with Immigration and Customs Enforcement to help locate and detain undocumented immigrants.
The latest ruling, issued by Judge Vince Chhabria in California, temporarily blocks HHS from sharing Medicaid data in the 20 states that sued, including California, Arizona, Washington, and New York.
“Using CMS data for immigration enforcement threatens to significantly disrupt the operation of Medicaid — a program that Congress has deemed critical for the provision of health coverage to the nation’s most vulnerable residents,” Chhabria wrote in his order.
Judge Chhabria, who was appointed by former President Barack Obama, said the order will stay in place until HHS provides a clear explanation for why the policy is necessary.
A spokesperson for HHS did not directly say whether the agency would stop sending data to DHS, but officials have argued that the agreement is legal.
By law, undocumented immigrants and some legally present immigrants cannot enroll in Medicaid. However, all states must provide “emergency Medicaid,” which covers only lifesaving emergency room care and is available even to non-citizens. Medicaid itself is funded by both states and the federal government.
Immigrant advocates warn that sharing personal health data could discourage people from seeking medical care, even in emergencies. They point out that other immigration enforcement efforts have already made schools, churches, and courthouses feel unsafe for immigrant families.
“Protecting people’s private health information is vitally important,” said Washington State Attorney General Nick Brown. “And everyone should be able to seek medical care without fear of what the federal government may do with that information.”
