Great Lakes Wire

Michigan Attorney General Dana Nessel has joined a coalition of states in filing a lawsuit against the U.S. Department of Health and Human Services (HHS). The lawsuit challenges HHS's decision to allow the Department of Homeland Security (DHS), which includes Immigration and Customs Enforcement (ICE), access to personal health data collected under Medicaid. The coalition argues that this action violates federal law, which mandates that such data should remain confidential and only be shared under specific circumstances beneficial to public health.

"Our personal healthcare data is exactly that: personal," Nessel stated. "It should remain confidential and be accessible only to agencies directly involved with Medicaid."

Medicaid, established in 1965, provides essential health insurance for low-income individuals, including children, pregnant women, people with disabilities, and seniors. Each state administers its own Medicaid program while adhering to federal criteria. As of January 2025, over 78 million people were enrolled in Medicaid or the Children's Health Insurance Program (CHIP) nationwide.

In Michigan alone, Medicaid and CHIP cover more than 25% of the population, insuring approximately 2.6 million residents.

Historically, DHS has acknowledged that using Medicaid information for immigration enforcement is prohibited by federal healthcare laws. However, recent reports indicate that HHS transferred several states' Medicaid data files to DHS without formal acknowledgment or policy change.

The federal government claims this transfer was intended "to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them." Nonetheless, Congress has extended emergency Medicaid coverage regardless of immigration status.

The lawsuit emphasizes that these actions by the Trump Administration could cause fear among noncitizens and their families, leading them to avoid enrolling in necessary emergency Medicaid services. This could result in negative health outcomes due to lack of access to care.

The coalition seeks a court ruling declaring the administration's actions as arbitrary and capricious under various federal laws including the Administrative Procedure Act and HIPAA. They also request an injunction preventing further data transfers from HHS to DHS for immigration enforcement purposes.

Attorney General Nessel is joined by her counterparts from Arizona, California, Colorado, Connecticut, Delaware, Hawaiʻi, Illinois, Massachusetts, Maine, Maryland, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island,Vermont,and Washington in this legal action.