Trump administration hands over Medicaid recipients’ personal data, including addresses, to ICE

Associated Press

Trump administration hands over Medicaid recipients’ personal data, including addresses, to ICE

Kimberly Kindy and Amanda Seitz – July 17, 2025

Special needs teacher Deja Nebula sets up an art installation displaying names and faces of people who have been detained, deported, or sent to offshore camps during ICE raids in Southern California, at Olvera Street Plaza in Los Angeles, on Thursday, July 3, 2025. (AP Photo/Damian Dovarganes)More

WASHINGTON (AP) — Immigration and Customs Enforcement officials will be given access to the personal data of the nation’s 79 million Medicaid enrollees, including home addresses and ethnicities, to track down immigrants who may not be living legally in the United States, according to an agreement obtained by The Associated Press.

The information will give ICE officials the ability to find “the location of aliens” across the country, says the agreement signed Monday between the Centers for Medicare and Medicaid Services and the Department of Homeland Security. The agreement has not been announced publicly.

The extraordinary disclosure of millions of such personal health data to deportation officials is the latest escalation in the Trump administration’s immigration crackdown, which has repeatedly tested legal boundaries in its effort to arrest 3,000 people daily.

Lawmakers and some CMS officials have challenged the legality of deportation officials’ access to some states’ Medicaid enrollee data. It’s a move, first reported by the AP last month, that Health and Human Services officials said was aimed at rooting out people enrolled in the program improperly.

But the latest data-sharing agreement makes clear what ICE officials intend to do with the health data.

“ICE will use the CMS data to allow ICE to receive identity and location information on aliens identified by ICE,” the agreement says.

Such an action could ripple widely

Such disclosures, even if not acted upon, could cause widespread alarm among people seeking emergency medical help for themselves or their children. Other efforts to crack down on illegal immigration have made schools, churches, courthouses and other everyday places feel perilous to immigrants and even U.S. citizens who fear getting caught up in a raid.

HHS spokesman Andrew Nixon would not respond to the latest agreement. It is unclear, though, whether Homeland Security has yet accessed the information. The department’s assistant secretary, Tricia McLaughlin, said in an emailed statement that the two agencies “are exploring an initiative to ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding Americans.”

The database will reveal to ICE officials the names, addresses, birth dates, ethnic and racial information, as well as Social Security numbers for all people enrolled in Medicaid. The state and federally funded program provides health care coverage program for the poorest of people, including millions of children.

The agreement does not allow ICE officials to download the data. Instead, they will be allowed to access it for a limited period from 9 a.m. to 5 p.m., Monday through Friday, until Sept. 9.

“They are trying to turn us into immigration agents,” said a CMS official did not have permission to speak to the media and insisted on anonymity.

Immigrants who are not living in the U.S. legally, as well as some lawfully present immigrants, are not allowed to enroll in the Medicaid program that provides nearly-free coverage for health services. Medicaid is a jointly funded program between states and the federal government.

But federal law requires all states to offer emergency Medicaid, a temporary coverage that pays only for lifesaving services in emergency rooms to anyone, including non-U.S. citizens. Emergency Medicaid is often used by immigrants, including those who are lawfully present and those who are not.

Many people sign up for emergency Medicaid in their most desperate moments, said Hannah Katch, a previous adviser at CMS during the Biden administration.

“It’s unthinkable that CMS would violate the trust of Medicaid enrollees in this way,” Katch said. She said the personally identifiable information of enrollees has not been historically shared outside of the agency unless for law enforcement purposes to investigate waste, fraud or abuse of the program.

Trump team has pursued information aggressively

Trump officials last month demanded that the federal health agency’s staffers release personally identifiable information on millions of Medicaid enrollees from seven states that permit non-U.S. citizens to enroll in their full Medicaid programs.

The states launched these programs during the Biden administration and said they would not bill the federal government to cover the health care costs of those immigrants. All the states — California, New York, Washington, Oregon, Illinois, Minnesota and Colorado — have Democratic governors.

That data sharing with DHS officials prompted widespread backlash from lawmakers and governors. Twenty states have since sued over the move, alleging it violated federal health privacy laws.

CMS officials previously fought and failed to stop the data sharing that is now at the center of the lawsuits. On Monday, CMS officials were once again debating whether they should provide DHS access, citing concerns about the ongoing litigation.

In an email chain obtained by the AP called “Hold DHS Access — URGENT,” CMS chief legal officer Rujul H. Desai said they should first ask the Department of Justice to appeal to the White House directly for a “pause” on the information sharing. In a response the next day, HHS lawyer Lena Amanti Yueh said that the Justice Department was “comfortable with CMS proceeding with providing DHS access.”

Dozens of members of Congress, including Democratic Sen. Adam Schiff of California, sent letters last month to DHS and HHS officials demanding that the information-sharing stop.

“The massive transfer of the personal data of millions of Medicaid recipients should alarm every American. This massive violation of our privacy laws must be halted immediately,” Schiff said in response to AP’s description of the new, expanded agreement. “It will harm families across the nation and only cause more citizens to forego lifesaving access to health care.”

The new agreement makes clear that DHS will use the data to identify, for deportation purposes, people who in the country illegally. But HHS officials have repeatedly maintained that it would be used primarily as a cost-saving measure, to investigate whether non-U.S. citizens were improperly accessing Medicaid benefits.

“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,” Nixon said in a statement responding to the lawsuits last month.

King Donald? Supreme Court grants Trump power to repeal laws at his whim

The Hill – Opinion

King Donald? Supreme Court grants Trump power to repeal laws at his whim

Kimberly Wehle, opinion contributor – July 16, 2025

Opinion – King Donald? Supreme Court grants Trump power to repeal laws at his whim

“The executive has seized for itself the power to repeal federal law by way of mass terminations, in direct contravention of the Take Care Clause and our Constitution’s separation of powers.”

Read that again. These are the words of Justice Sonia Sotomayor in a dissenting opinion to the Supreme Court’s one-paragraph July 14 ruling, in which the majority basically held — without any justification or explanation whatsoever — that it’s fine that America has become a land of lawlessness with power consolidated in one person.

President Trump is the law now.

The case is McMahon v. New York, and it involves Trump’s stated plan to abolish the Department of Education by basically firing half of its workforce so that it cannot function. Unlike Elon Musk’s slash-and-burn DOGE experiment, this maneuver is not even thinly disguised by the pretense of government “efficiency.” Trump just wants the Department of Education to go.

The trouble is that, as a matter of the Constitution’s core separation of powers, Congress makes the laws. In 1979, Congress enacted the Department of Education Organization Act for purposes of “ensuring access to equal educational opportunity for every individual.”

As Sotomayor explained in her dissent, which Justices Elena Kagan and Ketanji Brown Jackson joined, “only Congress has the power to abolish the department. The executive’s task, by contrast, is to ‘take Care that the Laws be faithfully executed.’”

By shutting down the Department of Education “by executive fiat,” Trump is blatantly intruding on the powers of the legislature to make the laws while ignoring the constitutional mandate, and his oath of office, that he duly execute those laws.

Trump’s plan ignores a bunch of other laws that the Department of Education is also responsible for executing, including laws governing federal grants for institutes of higher education; federal funding for kindergarten through high school (more than $100 billion during the 2020-2021 school year, or 11 percent of the total funding for public K-12 schools across the country); and laws banning discrimination in federally-funded schools on the basis of race, color, national origin, sex and disability.

Then there’s the Individuals with Disabilities Education Act, which, according to the department’s current website, “is a law that makes available a free appropriate education to eligible children with disabilities … and ensures special education and related services to those children, supports early services for infants and toddlers and their families, and awards competitive discretionary grants.” Seven million students across the country receive special education services supported by that law.

Another statute the department administers, the Elementary and Student Education Act, provides financial assistance programs to tens of millions of low-income students, too.

All of these laws are now being gutted by the stroke of Trump’s pen, as if he were a king.

There has been no public debate in Congress, no mark-ups of bills amending the law, no ability for voters to call representatives to lobby for or against proposals to amend the Department of Education and the statutes it administers. There has been no budget analyses, no media coverage of congressional horse-trading, no interviews of people from both parties on the steps of the Capitol, no hearing from public school officials or teachers or parents on whether this is a good idea.

Trump simply snatched the power to make and repeal major federal legislation and programs that affect millions of American children for himself.

Worse, the majority on the Supreme Court is letting him do it. Like Trump, it made its ruling on-the-fly and behind closed doors — without full briefing, oral argument or a written decision explaining the justices’ rationale for allowing this end run around Article I of the Constitution (which lodges the lawmaking power in Congress) and Article II (which mandates that the president take care that the laws are faithfully executed).

The majority’s silence left it to the dissenting justices once again to try and back-fill the majority’s reasoning in a dissenting opinion so that the public has some sort of record about what is possibly going on here.

Sotomayor explains that Trump, shortly after taking office, condemned the Department of Education as a “big con job” that he would “like to close immediately.” A week into her tenure, Secretary of Education Linda McMahon eliminated “nearly 50 percent of the Department’s workforce” as “the first step on the road to a total shutdown.” She closed entire offices — including the team responsible for administering bilingual education, every lawyer in the general counsel’s office responsible for K-12 education funding and IDEA grants, numerous regional offices that deal with civil rights laws and most of the office that certifies schools to receive federal student financial aid.

On March 20, Trump signed an executive order with a directive titled “Closing the Department of Education and Returning Authority to the States.” Twenty states and the District of Columbia sued, arguing that his actions violated the Take Care Clause and the Constitution’s separation of powers, incapacitating core components of the Department of Education on which the states rely. A similar lawsuit by school districts and unions followed. The cases were combined, and a district court issued an injunction preserving the status quo, keeping the department and the nation’s school system intact while the case was pending. An appeals court upheld that injunction.

Mind you, the district court issued its injunction after considering dozens of affidavits from Department of Education officials and recipients of federal funding describing how McMahon’s mass terminations have already affected the ability to pay teachers, purchase materials and equipment, and enroll students on federal financial aid — and how full implantation of Trump’s plan could be far worse. The government submitted no evidence in response.

Ignoring the record entirely, and on an emergency motion filed by the administration, the Supreme Court’s right-wing majority simply overturned the injunction, effectively handing Trump a win — just weeks before the start of the new school year — without even bothering to actually grapple with the Constitution, the lower court’s findings or the dire impacts on millions of children and young adults that rely on the department’s programs in order to get an education.

This sounds like a dystopian science fiction storyline that a bunch of Hollywood writers and producers dreamed up. But it’s real. This is Trump’s — and the Supreme Court’s — America.

Kimberly Wehle is author of the book “Pardon Power: How the Pardon System Works — and Why.”