20 states are suing the Trump administration for disclosing Medicaid data to immigration authorities

Twenty states in the U.S. have filed a lawsuit against the Trump administration for violating federal privacy laws after it turned over Medicaid data to deportation officials as it accelerates enforcement efforts across the country. 

California Attorney General Rob Bonta stated that the release of data violates federal health privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA).

“The Trump Administration has upended longstanding privacy protections with its decision to illegally share sensitive, personal health data with ICE. In doing so, it has created a culture of fear that will lead to fewer people seeking vital emergency medical care,” said Bonta in a statement. “I’m sickened by this latest salvo in the President’s anti-immigrant campaign. We’re headed to court to prevent any further sharing of Medicaid data — and to ensure any of the data that’s already been shared is not used for immigration enforcement purposes.”

The health data that was shared with the Department of Homeland Security (DHS) exposes information of enrollees living in California, Illinois, Washington State, and Washington, D.C., which all allow non-U.S. citizens to enroll in Medicaid programs that pay for their expenses using only state taxpayer dollars.

Health Secretary Robert F. Kennedy Jr.’s advisers ordered the dataset to be handed over to DHS. Officials at the Centers for Medicare and Medicaid Services (CMS) were given just 54 minutes to comply with the list of data. 

An internal memo and emails obtained by the Associated Press revealed that Medicaid officials attempted, but failed, to stop the data transfer, raising legal and ethical concerns for violating federal laws, including the Social Security Act and the Privacy Act of 1974, according to the memo. The data sharing of private health information included addresses, names, social security numbers, immigration status and claims data for enrollees in those states.

The lawsuit filed by the 20 states also emphasizes that the Trump Administration’s unlawful actions are “creating fear and confusion” among undocumented individuals. As a result, many may choose to disenroll or avoid enrolling in emergency Medicaid, potentially putting their health and that of their families at risk. “They may not get the emergency health services they need and will suffer negative health consequences — and even death — as a result,” said Bonta