Judge rules that ICE can obtain some Medicaid data

Medicaid data can now be shared with immigration enforcement authorities, a federal judge ruled Monday, after a monthslong effort to prevent it.

U.S. District Judge Vince Chhabria in California ruled that the Department of Health and Human Services can share such information with Immigration and Customs Enforcement. But he did put limits on what data can be shared and used, such as “basic biographical, location, and contact information,” according to court documents.

The judge said the “sharing of such information is clearly authorized by law and [HHS and the Department of Homeland Security] have adequately explained their decisions.”

In July, 20 states including California sued the Trump administration to block sharing HHS data with ICE about immigrants receiving Medicaid benefits, arguing it violated privacy protections.

HHS and the Centers for Medicare and Medicaid Services cannot share data from the plaintiff states, Judge Chhabria ruled, unless it is from a Medicaid program, relates only to illegal immigrants, and the data only discloses the immigrant’s citizenship and immigration status, address, phone number, date of birth and Medicaid ID.

ICE has always had the authority to request data from other agencies to “pursue legitimate law enforcement objectives.”

ICE and HHS are still barred from sharing personal health records and other potentially sensitive medical information for immigration enforcement under a preliminary injunction, because the agencies did not provide a compelling reason for exchanging such information, the judge said.

“Beyond the basic information discussed above, the policies are totally unclear and do not appear to be the product of a coherent decisionmaking process,” he wrote.

Judge Chhabria granted a preliminary injunction to stop Medicaid from information-sharing with ICE in August.

Illegal immigrants are largely ineligible for federal health benefits and cannot enroll in federal Medicaid programs, but some can be treated for life-saving procedures through Emergency Medicaid. But some blue jurisdictions, such as California and the District of Columbia, allow people to receive other state-funded benefits regardless of immigration status.

The ruling represents “a victory for the rule of law and American taxpayers,” DHS Assistant Secretary Tricia McLaughlin said in a statement.

The ruling will take effect on Jan. 6. It will stay in place until the end of the lawsuit or until 14 days after a new policy is issued that clarifies what additional information DHS needs from HHS, along with a legal, policy-based explanation.