Colorado challenges Medicaid data transfer to ICE
Colorado is joining a multi-state coalition in filing a lawsuit to challenge the U.S. Department of Health and Human Services’ decision to provide access to individual personal health data to the Department of Homeland Security’s Immigration and Customs Enforcement.
Filed in the U.S. District Court for the Northern District of California, the lawsuit seeks to block any transfer of personal data for immigration enforcement purposes, arguing it violates laws.
In a news release, the Attorney General’s Office said personal healthcare data collected for Medicaid is confidential and should only be shared in “narrow circumstances.”
A certain amount of personal data is exchanged between the states and the federal government for purposes of administering Medicaid, including verifying eligibility for federal funding, according to the state office.
The Attorney General’s Office said states became alarmed on June 13 when they learned, through news reports, that the federal health department transferred Medicaid data files to the Department of Homeland Security. The states said they contained personal health records of millions of individuals.
The Attorney General’s Office cited reports saying the federal government plans to create a database to help in its campaign on mass deportation and other large-scale immigration enforcement purposes.
At the federal level, where Congress is debating a budget bill, one sticking point is Medicaid funding, in which Democrats claimed cuts are being made across the board. Republicans defended the measure, saying it will only reduce benefits for immigrants illegally staying in the U.S.
The federal government has claimed that the data sharing helps identify individuals who are not legally entitled to Medicaid benefits.
In pursuing the lawsuit, Colorado joined the attorneys general of Arizona, California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.
Since President Donald Trump took office, the Colorado Attorney General’s office has pursued more than 20 lawsuits against the administration.
Colorado law specifically bars the sharing of information to the federal government for immigration enforcement purposes.
In June, a Denver district court judge issued a preliminary injunction to prevent a state division from complying with a subpoena issued by ICE.
Homeland Security Investigations, a division of ICE, said it wants email, home addresses and phone numbers for the 35 individuals to ensure the children are not being subjected to human trafficking or other forms of exploitation.

