In a recent development, the Trump administration has reported providing deportation officials with personal data, including immigration status, of millions of Medicaid enrollees. This action could potentially expedite efforts to locate individuals as part of a comprehensive immigration crackdown.
Internal documents and emails reveal that Medicaid officials tried but failed to prevent this data transfer due to legal and ethical objections. Despite these concerns, prominent advisers to Health Secretary Robert F. Kennedy Jr. instructed that the information be shared with the Department of Homeland Security (DHS). The leak of communication showcases that officials at the Centers for Medicare and Medicaid Services (CMS) were given a mere 54 minutes to comply with the order.
The data comprises personal information of residents from California, Illinois, Washington state, and Washington, D.C., where non-U.S. citizens can access Medicaid using state funds. The Trump administration shared this data with DHS just as it intensified immigration enforcement in Southern California. Experts suggest that this dataset could be leveraged to thwart those aspiring to secure green cards or citizenship, by scrutinizing federal-funded Medicaid benefits claims.
California Governor Gavin Newsom’s office expressed apprehension about how deportation officials might exploit the data, especially amid immigration raids involving National Guard troops and Marines in Los Angeles. A statement from his office emphasized the significance of privacy and called the data transfer “extremely concerning” and possibly unlawful.
Some California lawmakers voiced their alarm, with U.S. Representative Laura Friedman expressing on social media that healthcare access shouldn’t be used to penalize individuals, warning of chaos in communities. Despite these concerns, U.S. Health and Human Services spokesperson Andrew Nixon asserted that the sharing of data was lawful but didn’t elaborate on its intended use by DHS.
Assistant Secretary of DHS, Tricia McLaughlin, indicated that this measure is part of fulfilling Trump’s promise to safeguard Medicaid for eligible individuals. She cited a need to differentiate benefits for law-abiding citizens from those unlawfully in the country.
As part of a larger initiative to enhance data access for DHS, CMS is conducting a review to ensure federal funds are not unknowingly supporting individuals without satisfactory immigration status. This review derives from a directive in Trump’s executive order titled “Ending Taxpayer Subsidization of Open Borders.” Certain states have already shared details about non-citizens enrolled in Medicaid.
Sharing information like addresses and social security numbers from Medicaid profiles prompted internal resistance due to potential violations of federal laws such as the Social Security Act and the Privacy Act of 1974. CMS officials argued that disclosing such personal data to DHS isn’t authorized, a concern articulated by Medicaid Deputy Director Sara Vitolo. The traditional policy forbids the sharing of information for any purpose outside administering the Medicaid program.
Nonetheless, the Trump administration proceeded, issuing directives to transfer the data to DHS, as seen in an email exchange from June 10. Former officials noted that such actions by CMS are atypical, given their vast access to sensitive health data. Jeffrey Grant, a former CMS employee, remarked on the incongruence of DHS being involved with Medicaid matters.
The assurance of emergency Medicaid services to non-U.S. citizens remains a legal requirement in all states. Several states, mainly Democratic-led, allow full Medicaid benefits for non-legal residents, albeit funding these via state resources without federal assistance. The Trump administration, however, criticized these states for potentially exploiting Medicaid.
Concerns over privacy and legal risks continue to permeate discussions, with Illinois health officials particularly wary of potential federal agency misuse of sensitive data. Following the revelation by AP, California’s Governor Newsom described the data sharing as threatening and a compromise of safety and security.
Responses from other states such as the District and Washington remain unavailable, reflecting ongoing tensions and unresolved anxieties surrounding this significant data handling and its implications on immigration and privacy rights.