Federal Judge Allows Limited Sharing of Medicaid Data With ICE

By Blessing Nweke

A federal judge in California ruled Monday that the federal government may share limited information about Medicaid participants with Immigration and Customs Enforcement, partially lifting a block sought by a coalition of states amid a broader government effort to locate people believed to be in the United States unlawfully.

U.S. District Judge Vince Chhabria partly denied a preliminary injunction that had barred the data-sharing plan in 20 states, including California. In his order, Chhabria said the law allows the disclosure of “basic biographical, location, and contact information,” while granting an injunction against sharing any information beyond that scope.

The decision drew swift criticism from California officials. “We are disappointed in the court’s decision allowing for the sharing of some Medicaid data with ICE,” the office of California Attorney General Rob Bonta said in a statement. The office added it was encouraged that the court blocked access to more sensitive health information, data of citizens and lawful residents, and records from other health programs administered by the Centers for Medicare & Medicaid Services.

CMS has said it will share only the “minimum required information,” including citizenship or immigration status, location, and phone numbers. Immigrants unlawfully in the country are generally ineligible for Medicaid, though all states must provide emergency Medicaid for lifesaving care regardless of immigration status. Emergency Medicaid accounts for less than 1% of program spending, according to a study published in October.

Chhabria noted that the Department of Homeland Security has long had authority to request basic identifying information, but raised concerns about the lack of clarity surrounding broader data requests. He cited unanswered questions about whether DHS could seek information about lawful citizens or mixed-status households.

Medicaid, known as Medi-Cal in California, serves about 79 million people nationwide. State officials said enrollees reasonably expected their data would be used only to administer the program.

The court’s previous order blocking data-sharing remains in effect until next Monday for administrative purposes. A hearing could be held Friday, and a final decision has yet to be reached.