Attorney General Matthew J. Platkin today joined a multistate coalition today in filing a lawsuit challenging the U.S. Department of Health and Human Services’ (HHS) decision to allow unfettered access to individual personal health data to the Department of Homeland Security (DHS), which houses Immigration and Customs Enforcement (ICE), in violation of multiple federal laws.
Ever since Congress passed the law creating Medicaid in 1965, federal law, policy, and practice has been clear about the confidentiality of the personal healthcare data collected about the people enrolled in the program, which provides medical assistance to vulnerable populations. There are only certain narrow circumstances where this data could be shared, such as for the benefit of public health and the integrity of the Medicaid program itself.
In today’s lawsuit filed in the U.S. District Court for the Northern District of California, the attorneys general argue that allowing the 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.
“This is just the latest example of the callous and cruel decision making that, tragically, has become all too common from this administration,” said Attorney General Platkin. “If people are afraid that their privacy rights will be violated, they will be unwilling to enroll in Medicaid and get the care they need to stay healthy. This will not prevent people from getting sick—instead, it will cause them to become even sicker, putting them at risk for death or disability, and will leave state taxpayers footing tremendous bills for uncompensated care delivered through hospital emergency departments.”
Medicaid is an essential source of health insurance for lower-income individuals and particular underserved population groups, including children, pregnant women, individuals with disabilities, and senior citizens. 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.
In New Jersey, approximately 1.9 million people rely on Medicaid. Nationwide, about 78.4 million people are enrolled in Medicaid and the Children’s Health Insurance Program.
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 1965 law ruled out using highly sensitive, personal Medicaid information for immigration enforcement purposes.
Yet now, the federal government appears to have—without formally acknowledging to the states or to the public at large—adopted a new policy that allows for the wholesale disclosure and use of state residents’ personal Medicaid data for purposes unrelated to Medicaid program administration.
On June 13, 2025, states learned through news reports that HHS has transferred en masse some states’ Medicaid data files, containing personal health records representing 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.” But it is Congress that extended 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 today’s 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 worse health outcomes, and even die, as a result of this illegal action.
The coalition asks that the court find the Trump Administration’s actions arbitrary and capricious and rulemaking without proper procedure in violation of the Administrative Procedure Act, contrary to the Social Security Act, Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Modernization Act, and Privacy Act, and in violation of the Spending Clause. The coalition also asks the court to enjoin DHS from using this data to conduct immigration enforcement.
In filing the lawsuit, Attorney General Platkin joins the attorneys general of California, Arizona, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Oregon, Rhode Island, and Washington.
