Press Release  AG Campbell Sues Trump Administration For Illegally Sharing Personal Health Data With ICE

BOSTON — Massachusetts Attorney General Andrea Joy Campbell joined a coalition of 19 other attorneys general in filing a lawsuit challenging the U.S. Department of Health and Human Services’ (HHS) decision to allow the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), access to individual personal health data. In the seven decades since Congress enacted the Medicaid Act to provide medical assistance to vulnerable populations, federal law, policy, and practice has been clear: the personal healthcare data collected about beneficiaries of the program is confidential, to be shared only in certain narrow circumstances that benefit public health and the integrity of the Medicaid program itself. In the lawsuit filed in the U.S. District Court for the Northern District of California, the attorneys general argue that mass transfer of this data violates the law and ask the court to block any new transfer or use of this data for immigration enforcement purposes.

“Disclosing individuals’ private health data for the purpose of immigration enforcement puts lives at risk. These actions are yet another example of the Administration creating unnecessary fear and confusion among our residents,” said AG Campbell. “Congress has made it clear that emergency Medicaid coverage extends to all individuals, regardless of immigration status. I will continue to fight against cruel and unlawful policies that harm our residents.” 

Created in 1965, Medicaid is an essential source of health insurance for lower-income individuals and underserved populations, including children, pregnant women, individuals with disabilities, and seniors. The Medicaid program allows each participating state to develop and administer its own unique health plans; states must meet threshold federal statutory criteria, but they can tailor their plans’ eligibility standards and coverage options to residents’ needs. As of January 2025, 78.4 million people were enrolled in Medicaid and the Children’s Health Insurance Program (CHIP) nationwide. 

A certain amount of personal data is routinely exchanged between the states and the federal government for purposes of administering Medicaid, including verifying eligibility for federal funding. Historically, DHS has acknowledged that the Medicaid Act and other federal healthcare authorities do not allow the use of Medicaid personal information for immigration enforcement purposes. Yet, on June 13, states learned through news reports that HHS has transferred state Medicaid data files, containing personal health records of millions of individuals, to DHS. Reports indicate that the federal government plans to create a sweeping database for “mass deportations” and other large-scale immigration enforcement purposes. 

The federal government claims it gave this data to DHS “to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them,” despite Congress extending coverage and federal funds for emergency Medicaid to all individuals residing in the United States, regardless of immigration status. The states have and will continue to cooperate with federal oversight activities to ensure that the federal government pays only for those Medicaid services that are legally authorized.   

In the lawsuit, the coalition highlights that the Trump Administration’s illegal actions are creating fear and confusion that will lead noncitizens and their family members to disenroll, or refuse to enroll, in emergency Medicaid for which they are otherwise eligible, leaving states and their safety net hospitals to foot the bill for federally mandated emergency healthcare services. These individuals may not get the emergency health services they need and will suffer negative health consequences — and even death — as a result.  

The coalition asks that the court find the Trump Administration’s actions arbitrary and capricious and in violation of the Administrative Procedure Act, Social Security Act, Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Modernization Act, Privacy Act, and Spending Clause. The coalition also asks the court to enjoin HHS from transferring personally identifiable Medicaid data to DHS or any other federal agency and enjoin DHS from using this data to conduct immigration enforcement.   

Joining AG Campbell in filing the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.

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