The U.S. Department of Health and Human Services’ decision to share Medicaid data with the Department of Homeland Security is being challenged in court by Attorney General Anthony Brown and a group of state attorneys general, who claim the decision goes beyond legal authority and violates privacy rights.
Attorney General Anthony G. Brown joined a multistate coalition today to challenge the U.S. Department of Health and Human Services’ (HHS) decision to grant the Department of Homeland Security (DHS), which houses Immigration and Customs Enforcement (ICE), unrestricted access to individual personal health data, according to a news release issued on Tuesday, July 1.
Federal law, policy, and practice have been clear for the seven decades since Congress passed the Medicaid Act to provide medical assistance to vulnerable populations: the personal healthcare information gathered about program participants is confidential and should only be shared under specific, limited circumstances that promote public health and the integrity of the Medicaid program. The attorneys general contend that the mass transfer of this data is illegal and request that the court prohibit any further transfers or uses of this data for immigration enforcement purposes in the action filed today in the U.S. District Court for the Northern District of California.
Attorney General Anthony Brown stated that giving immigration officials access to private Medicaid information is against federal law and damages public confidence in our healthcare system. It shouldn’t be necessary for immigrants to choose between receiving the medical care to which they are legally entitled and safeguarding their families. We’re taking action to protect everyone’s privacy in Maryland and make sure hospitals don’t have to shoulder the cost when individuals put off seeking care because they’re afraid.
Medicaid, which was established in 1965, is a vital source of health insurance for those with lower incomes and underrepresented populations, such as seniors, children, pregnant women, and people with disabilities. Each participating state is permitted to create and manage its own distinct health plans under the Medicaid program. States can customize their plans’ eligibility requirements and coverage options to citizens’ needs, but they must adhere to federal statutory thresholds. Nationwide, there were 78.4 million Medicaid and Children’s Health Insurance Program (CHIP) enrollees as of January 2025.
There are about 1.5 million people in Maryland who are covered by the Medicaid program. Maryland provides emergency Medicaid coverage to immigrants who would otherwise qualify for Medicaid in accordance with federal law. Coverage begins as soon as the patient arrives at the hospital and continues until their urgent medical situation is under control. Additionally, Maryland Medicaid offers full medical treatment and other health care services to pregnant noncitizens who would qualify for Medicaid but for their immigration status under the Healthy Babies Equity Act of 2024.
The federal government and the states regularly share some personal information in order to operate Medicaid, including to confirm eligibility for federal funding. In the past, DHS has recognized that the use of Medicaid personal information for immigration enforcement purposes is prohibited by the Medicaid Act and other federal healthcare statutes. However, it now seems that the federal government has implemented a new policy that permits the widespread disclosure and use of state residents’ personal Medicaid data for purposes unrelated to the management of the Medicaid program without formally acknowledging it.
States were informed by press reports on June 13, 2025, that HHS had given DHS access to their state’s Medicaid data files, which included millions of people’s personal health records. According to reports, the federal government intends to build a comprehensive database for the purpose of mass deportations and other extensive immigration enforcement initiatives.
According to the federal government, it provided DHS with this information to guarantee that Medicaid payments are only given to those who are legally eligible. But it was Congress that made emergency Medicaid coverage and government funding available to all Americans, regardless of legal status. In order to guarantee that the federal government only pays for Medicaid treatments that are legally permitted, the states have cooperated with federal supervision efforts and will do so in the future.
The coalition argues in today’s lawsuit that the unlawful actions of the Trump administration are causing uncertainty and anxiety, which will cause noncitizens and their family members to refuse to enroll in emergency Medicaid, even though they would otherwise be eligible, leaving states and their safety net hospitals to pay for federally required emergency medical care. These people might not receive the emergency medical care they require, which could lead to detrimental health effects or even death.
The coalition requests that the court rule that the Trump administration’s actions violate the Administrative Procedure Act, the Federal Information Security Modernization Act, the Social Security Act, the Health Insurance Portability and Accountability Act (HIPAA), the Privacy Act, and the Spending Clause by being arbitrary, capricious, and improperly procedural. Additionally, the coalition requests that the court prohibit HHS from giving DHS or any other federal agency personally identifiable Medicaid data and prohibit DHS from using that data to carry out immigration enforcement.
The attorneys general of California, Arizona, Connecticut, Delaware, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, and Washington have joined Attorney General Brown in launching the complaint.
