UPDATE: States Secure Injunction Against HHS Medicaid Data Sharing with DHS 

Last month, EPIC, Electronic Frontier Foundation, and Protect Democracy Project submitted a brief supporting a coalition of states seeking an injunction against sharing and using the data of Medicaid recipients for immigration purposes. The suit came after a shocking report that the Department of Health and Human Services transferred the confidential health information of millions of people to other agencies, including the Department of Homeland Security, likely for use in mass surveillance and immigration enforcement.  

This week, justice prevailed. After an August 7 hearing, a California federal court issued an order that stops HHS from sharing, or DHS from using, Medicaid data for immigration enforcement.  

In its ruling, the court recognized that Medicaid is a critical system for making sure people nationwide can access the healthcare they need. Agencies have long publicized and adhered to policies against using or sharing Medicaid information for immigration enforcement. These same agencies may not now reverse course on these policies with no warning or rationale. The court ruled that the agencies must carry out their responsibility under the law and engage in a reasoned, properly explained decisionmaking process. 

This case is ongoing. EPIC will continue to support the states’ fight against the federal government’s attacks on privacy.