Democratic states sue the Department of Health for sharing data of immigrants with ICE
A coalition of Democratic states sues the Department of Health for sharing patient data with ICE
California Attorney General Rob Bonta, leading a coalition of Democratic state attorneys general, sued the Department of Health and Human Services (HHS) for giving unrestricted access to people's personal health data to the Department of Homeland Security (DHS), which houses Immigration and Customs Enforcement (ICE) and has aims to deport 3,000 immigrants without permanent legal status each day,
The new legal battle filed in the U.S. District Court for the Northern District of California argues that the mass transfer of this data to the Department of Homeland Security (DHS) violates the public health law known as Medicaid and its data confidentiality requirements.
The rule passed by Congress in 1965 establishes that personal data collected on program participants is confidential and will only be shared in certain specific circumstances in the interest of public health.
“The Trump Administration has upended long-standing privacy protections with its decision to unlawfully share personal and sensitive health data with Immigration and Customs Enforcement (ICE),” California Attorney General Rob Bonta said in a statement.
He added that the White House has created “a culture of fear” that will cause fewer people to seek emergency medical care.
The plaintiffs have asked the court to issue a block so that HHS does not Share Medicaid data and ensure that shared data is not used for immigration enforcement purposes.
The public Medicaid program provides health insurance for low-income and underserved populations, such as children, pregnant women, people with disabilities, and older adults.
As of January 2025, 78.4 million people were enrolled in this program and the Children's Health Insurance Program (CHIP) nationwide.
Medicaid in California (called Medi-Cal) provides health coverage to one in three Californians,including more than two million foreigners.
These include green card holders, refugees, people with Temporary Protected Status (TPS), and Deferred Action for Childhood Arrivals (DACA) recipients, among others.
Not all immigrants are eligible for federally funded Medicaid services, so California uses state funds to offer services to all eligible residents, regardless of immigration status.
The states of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington joined the lawsuit.