A federal judge has issued a preliminary injunction preventing the Department of Homeland Security (DHS) from using Medicaid data obtained from Washington and 19 other states for immigration enforcement purposes. The order also bars the U.S. Department of Health and Human Services (HHS) from sharing such data with DHS.
The injunction comes after Washington and a multistate coalition argued that the transfer of Medicaid data violates the Administrative Procedure Act’s prohibition on arbitrary and capricious agency actions. The court determined the states were likely to succeed on their claim. The injunction will remain in place until HHS and DHS complete a reasoned decision-making process compliant with the law, or until the conclusion of the litigation.
Washington Attorney General Nick Brown emphasized the importance of protecting private health information, noting that residents should be able to seek medical care without fear that their data could be used for unrelated federal purposes.
The legal challenge, led by California and joined by 20 states including Washington, was filed on July 1. The lawsuit contends that the mass transfer of Medicaid data has caused fear and confusion, leading eligible noncitizens and their family members to disenroll or avoid enrolling in emergency Medicaid programs. This shift has left states and safety net hospitals responsible for federally mandated emergency health services.
Washington’s Medicaid program, part of the Apple Health suite, provides comprehensive medical services to residents regardless of immigration status, covering more than 1.9 million people, including roughly 49,000 with limited eligibility under federal programs. Services include inpatient and outpatient care, primary and preventive care, long-term services, and behavioral health.
The coalition of attorneys general in the lawsuit includes representatives from Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, and Vermont.
By: BSH staff