Chicago – Attorney General Kwame Raoul, as part of a coalition of 20 attorneys general, filed a lawsuit today challenging the U.S. Department of Health and Human Services’ (HHS) decision to provide unfettered access to individual personal health data to the Department of Homeland Security (DHS), which houses Immigration and Customs Enforcement (ICE).
In today’s lawsuit, filed in the U.S. District Court for the Northern District of California, Raoul and the coalition argue that 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 decision by the Trump administration will likely have a devastating effect on Illinois’ safety net hospitals and community-based health care providers, and a chilling effect on the most vulnerable populations’ willingness to enroll in Medicaid programs for which they are legally eligible,” Raoul said. “I will continue to stand with other state attorneys general to use all tools at our disposal to fight back against continued unlawful orders from the Trump administration.”
Created in 1965, Medicaid is an essential source of health insurance for low-income individuals and certain underserved population groups, including children, pregnant women, individuals with disabilities and seniors. Each state participating in the Medicaid program can develop and administer its own unique health plans. Individual states must meet threshold federal statutory criteria, but they can tailor their plans’ eligibility standards and coverage options to meet residents’ needs. As of January 2025, 78.4 million people were enrolled in Medicaid and the Children’s Health Insurance Program (CHIP) nationwide.
In Illinois, Medicaid, CHIP and other affordable health care programs provide critical health care coverage to nearly 3.5 million individuals and families across the state, making the Illinois Department of Healthcare and Family Services the largest source of medical insurance in Illinois.
In the seven decades since Congress enacted the Medicaid Act to provide medical assistance to vulnerable populations, federal law, policy and practice has been clear: The personal health care data collected about the program’s beneficiaries is confidential, to be shared only in certain narrow circumstances that benefit public health and the integrity of the Medicaid program itself. Normally, a certain amount of personal data is routinely exchanged between the states and the federal government for the purposes of administering Medicaid, including verifying eligibility for federal funding. DHS policy historically has not allowed use of Medicaid personal information for immigration enforcement purposes. now, the federal government appears to have – without formal acknowledgment – adopted a new policy that allows for the wholesale disclosure and use of state residents’ personal Medicaid data for purposes unrelated to administering the Medicaid program.
On June 13, states learned through news reports that HHS had transferred en masse states’ Medicaid data files, containing personal health records representing millions of individuals, to DHS. The federal government claims this data was given to DHS “to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them.” However, reports indicate that the federal government plans to create a sweeping database for “mass deportations” and other large-scale immigration enforcement purposes. To date, the federal government has not responded to states’ requests for confirmation of the data transfer and details about its scope or purpose.
The states have and will continue to cooperate with federal oversight activities to ensure that the federal government pays only for Medicaid services that are legally authorized.
In their lawsuit, Raoul and the coalition highlight 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. As a result, states and their safety net hospitals will be left to foot the bill for federally-mandated emergency health care services. These individuals may not receive the emergency health services they need and will suffer negative health consequences – and even death – as a result.
Raoul and the coalition are asking that the court find the Trump administration’s actions, transferring states’ Medicaid data containing personally identifiable, protected health information to DHS for immigration enforcement, were unauthorized and contrary to the laws of the United States. Raoul and the coalition also ask the court to enjoin HHS from transferring personally identifiable Medicaid data to DHS or any other federal agency, and enjoin DHS from using this data to conduct immigration enforcement.
Joining Raoul in filing today’s lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.
