ICE Accessing Medicaid Data Raises Privacy, Health Concerns
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The Department of Health and Human Services (HHS) will begin giving Immigration and Customs Enforcement (ICE) access to personal Medicaid records, a decision that has ignited outrage from experts who warn that the move is illegal.
Why It Matters
The decision to allow ICE access to Medicaid data marks a significant shift in how health information is used in immigration enforcement. It's the latest development in the Trump administration's hard-line immigration agenda and has sparked concerns among experts about its potential to violate medical privacy laws and deter vulnerable populations from seeking care.
The agreement is the latest in a series of actions that have aligned the Health Department with the Trump administration's immigration enforcement efforts. On July 10, the department expanded its interpretation of a law that restricts most immigrants from accessing federal public benefits.
Federal agents standing outside an immigration court at the Jacob K. Javits Federal Building in New York on July 17.
Federal agents standing outside an immigration court at the Jacob K. Javits Federal Building in New York on July 17.
Yuki Iwamura/AP
What To Know
The Trump administration's policy change allows ICE to use data from the Centers for Medicare and Medicaid (CMS)—including medical diagnoses, treatment history, home addresses and ethnicity—to locate and detain undocumented immigrants.
Critics say the unprecedented use of sensitive health records for immigration enforcement marks a dangerous breach of both legal precedent and ethical norms.
In response, the California Pan-Ethnic Health Network (CPEHN), a medical justice coalition, called the action cruel.
Kiran Savage-Sangwan, CPEHN's executive director, said the policy could have devastating ripple effects on public health.
"Health advocates are shocked and outraged by this deeply cruel and blatantly illegal action that threatens health care for millions," Savage-Sangwan said in a statement shared with Newsweek.
"The Trump Administration aims to weaponize records of patients who accessed treatment for cancer, heart attacks, or their children's broken arms to not only accelerate its mass deportation agenda, but to further spread fear in communities already terrorized by ICE," she said.
"For generations, federal law has guaranteed emergency medical care to anyone in need because as a nation we believe deeply that saving lives transcends politics," she added.
The agreement, first reported on Thursday by the Associated Press, was signed on Monday.
"ICE will use the CMS data to allow ICE to receive identity and location information on aliens identified by ICE," the agreement said, according to AP.
"President Trump consistently promised to protect Medicaid for eligible beneficiaries," Department of Homeland Security spokesperson Tricia McLaughlin said.
"To keep that promise after Joe Biden flooded our country with tens of millions of illegal aliens, CMS and DHS are exploring an initiative to ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding Americans," she continued.
Medicaid, the public health insurance program for low-income individuals, is funded jointly by states and the federal government. While undocumented immigrants are not eligible for Medicaid under federal law, 14 states and the District of Columbia offer coverage to eligible children regardless of immigration status. Seven of those states, along with D.C., also extend coverage to adults.
Federal law has long protected access to emergency medical care regardless of immigration status. Advocates argue that the new agreement undermines decades of precedent and threatens to erode public trust in health institutions—not only among undocumented individuals but across all communities.
"If upheld, Trump's policy to use sensitive medical data, which includes data on the types of health care services individuals receive, along with home addresses and ethnicities, for enforcement represents an irreparable turning point, forcing immigrant families to endure immense suffering or risk having their families torn apart," Savage-Sangwan said.
"What's more, it marks a significant breach of trust for all Americans who have confidence in the privacy of our medical data," she continued.
An HHS spokesperson told Newsweek: "CMS is aggressively cracking down on states that may be misusing federal Medicaid funds to subsidize care for illegal immigrants. This oversight effort—supported by lawful interagency data sharing with DHS—is focused on identifying waste, fraud, and systemic abuse."
What People Are Saying
CPEHN Executive Director Kiran Savage-Sangwan said in a statement: "We call on the courts to act swiftly to stop this unprecedented and dangerous violation of law."
An HHS spokesperson told Newsweek: "With respect to the recent data sharing between CMS and DHS, HHS acted entirely within its legal authority—and in full compliance with all applicable laws—to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them."
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