Federal Judge Blocks DHS from Using Medicaid Data for Immigration Enforcement

Strategic Insights -

A federal judge has granted a preliminary injunction to block the Department of Homeland Security (DHS) from using Medicaid data obtained from Washington and 19 other plaintiff states for immigration enforcement purposes. The judge also barred the U.S. Department of Health and Human Services (HHS) from sharing Medicaid data with DHS, citing that Washington and the multistate coalition were likely to succeed on their claim that the action violated the Administrative Procedure Act's prohibition on arbitrary and capricious agency action. The preliminary injunction will remain in place until after HHS and DHS complete a reasoned decision-making process that complies with the Administrative Procedure Act, or until litigation concludes.

The decision comes in response to a lawsuit filed by Washington and 19 other states, including Arizona, California, Colorado, and others, arguing that the mass transfer of Medicaid data violates the law and creates fear and confusion among eligible noncitizens and their family members, leading them to disenroll or refuse to enroll in emergency Medicaid. This, in turn, leaves states and their safety net hospitals to foot the bill for federally mandated emergency health care services.

Key Takeaways:

  • The federal judge's decision blocks the Department of Homeland Security (DHS) from using Medicaid data obtained from Washington and 19 other plaintiff states for immigration enforcement purposes.
  • The preliminary injunction also bars the U.S. Department of Health and Human Services (HHS) from sharing Medicaid data with DHS, finding that Washington and the multistate coalition were likely to succeed on their claim that the action violated the Administrative Procedure Act's prohibition on arbitrary and capricious agency action.
  • The lawsuit, filed by Washington and 19 other states, argues that the mass transfer of Medicaid data violates the law and creates fear and confusion among eligible noncitizens and their family members, leading them to disenroll or refuse to enroll in emergency Medicaid.
  • Apple Health serves over 1.9 million clients in Washington, including about 49,000 whose immigration status makes them ineligible for some federally funded programs.
  • The program covers a range of health care services, including inpatient and outpatient hospital care, primary and preventative care, long-term services and supports, and behavioral health.
  • A multistate coalition led by California initially filed the lawsuit on July 1, and 19 other states, including Washington, joined the effort to sue the Trump administration.
  • The lawsuit highlights that eligible noncitizens and their family members often disenroll or refuse to enroll in emergency Medicaid due to fear of their immigration status being used against them.

Statistics:

  • 1.9 million: The number of Apple Health clients in Washington State.
  • 49,000: The number of Apple Health clients whose immigration status makes them ineligible for some federally funded programs.
  • 20: The number of states that joined the lawsuit, including Washington, to block the DHS from using Medicaid data for immigration enforcement purposes.

Sources:

  • "Washington Joins Multistate Coalition to Block DHS from Using Medicaid Data for Immigration Enforcement." Office of the Washington Attorney General.
  • "Apple Health." Washington State Health Care Authority.