An Immigration and Customs Enforcement officer’s badge is seen as federal agents patrol the halls of immigration court in New York City on June 10, 2025. (Photo by Michael M. Santiago/Getty Images)
Michigan Attorney General Dana Nessel joined 19 other attorneys general in filing a lawsuit this week against the U.S. Department of Health and Human Services for sharing personal health data about Medicaid recipients with the Department of Homeland Security which oversees Immigration and Customs Enforcement, or ICE.
In June media organizations, including The Associated Press, confirmed that the Trump administration had greenlit immigration officials obtaining personal data about individuals receiving Medicaid health coverage, including immigration statuses.
The lawsuit Nessel signed onto says that even though the Trump administration deported more than 140,000 U.S. residents in the first four months of this year, it’s understood that Trump is not satisfied with the number of deportations. With Trump’s own admission that he wants to deport millions of residents, the lawsuit said it’s expected that the administration will use the Medicaid data to accomplish that end.
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Medicaid personal health care data is private and sharing information outside the purview of preserving public health and the Medicaid system is unlawful on multiple fronts including the Health Insurance Portability and Accountability Act, or HIPAA, which outlines protections for medical data.
“Our personal healthcare data is exactly that: personal,” Nessel said in a news release Wednesday. “It should remain confidential and be accessible only to agencies directly involved with Medicaid. This unlawful move by the Trump Administration to grant access to unrelated entities will undoubtedly harm the health, privacy, and well-being of all Michiganders. I remain committed to protecting our privacy rights.”
The news release from Nessel’s office outlines concern that through the Trump Administration’s actions there will be fear from Medicaid-eligible noncitizens and their loved ones that will keep them from enrolling.
Under federal law, emergency departments across the country are mandated to provide emergency care for those who need it, regardless of their ability to pay, which without Medicaid coverage could be costly to states or result in individuals not seeking emergency medical attention.