The U.S. Department of Health and Human Services (HHS) recently released a memo explaining its intention to share specific Medicaid data with Immigration and Customs Enforcement (ICE). This step was outlined following ongoing litigation and a court order requiring the agency to provide a clearer explanation of its decision-making process.
The update comes after a federal judge temporarily paused the data-sharing policy earlier this year, stating that the agency needed to show how it reached its conclusion before the policy could move forward. With HHS now providing a detailed rationale, the injunction is expected to lift after the required review period established by the court.
According to the memo, the data may include elements such as:
However, HHS noted that these data points are considered “severable,” meaning parts of the policy could remain in place even if a court later determines that certain elements cannot be shared.
The agency also clarified that states are only required to share information for individuals receiving federally funded Medicaid benefits. States may choose to share information about state-funded recipients, but they are not obligated to do so.
HHS explained that it did not conduct a full notice-and-comment rulemaking process because it views this policy as a general statement of agency practice rather than a new regulation. The memo is intended to address the court’s concerns and document how the agency reached its decision.
A separate proposal from the Department of Homeland Security, issued around the same time, outlines additional considerations involving the use of public benefits in immigration processes. These proposals remain under review and are not yet final.
For individuals who rely on Medicaid, especially those in mixed-status households, these updates may raise understandable questions about privacy and immigration processes. It’s important to note:
At Zhang-Louie PLLC, we closely monitor federal policy changes so our clients remain informed and prepared. If you have questions about how public benefits may affect an immigration case, or whether certain policies apply to your situation, our team can help you understand your options based on current guidance.
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