The Michigan Department of Health and Human Services notified doctors and hospitals on Friday that they must continue to shield data from federal immigration officials, at least until Tuesday.
In an email to the state’s medical providers, MDHHS wrote “the United States Department of Health and Human Servies (USDHHS), including the Centers for Medicare & Medicaid Services (CMS), is currently prohibited by a preliminary injunction from sharing Michigan’s Medicaid data with the Department of Homeland Security (DHS), for immigration enforcement purposes.”
MDHHS “has become aware that some Medicaid providers have raised questions and concerns about the recent notices and actions of USDHHS, CMS, and DHS related to demands for and potential use of beneficiary-level State Medicaid data being shared with DHS’ Immigration and Customs Enforcement,” the notice read.
“A hearing is scheduled for December 9, 2025, related to whether USDHHS, CMS, and DHS will continue to be prohibited from using Michigan’s state Medicaid data for immigration enforcement,” the notice continued. “MDHHS will provide further notice if there are changes to what is considered permissible use, disclosure, or sharing of Michigan’s Medicaid data by USDHHS or CMS because of this hearing.”
The hearing stems from a multi-state lawsuit joined by Attorney General Dana Nessel challenging a federal policy change that allowed HHS to share medical data with DHS as it carries out the largest deportation effort in U.S. history.
The U.S. District Court for the Northern District of California granted a preliminary injunction to temporarily block the policy change in August, though Judge Vince Chhabria noted “several statutes appear to permit, and sometimes even require, agencies to provide such information to DHS upon request,” Healthcare IT News reports.
“It appears that ICE is primarily focused on obtaining current address information for people who are in the country unlawfully,” Chhabria wrote. “But CMS appears to have granted ICE unfettered access to all information about all Medicaid patients in the United States, whether citizens or noncitizens.”
While illegal immigrants technically do not qualify for Medicaid, some states provide coverage and federal law requires hospitals to cover emergency healthcare services for all, regardless of immigration status.
Data from the House Energy and Commerce Committee on “waste, fraud, and abuse” in Medicaid shows there’s 1.4 million illegal immigrants enrolled, 1.2 million recipients who are ineligible, and 4.8 million able bodied adults choosing not to work.
In Michigan, legislation approved by Democrats and signed into law by Gov. Gretchen Whitmer for fiscal year 2023-24 devoted $6.4 million to fund Medicaid coverage for certain immigrants, from refugees, to parolees, to conditional entrants, to folks who have applied for protections from deportation.
“If members of our community cannot trust that the government will keep their medical history and other personal data safe, they will think twice about going to the doctor when needed,” the attorneys general argued in the lawsuit filed July 1. “Congress itself extended coverage and federal funds for emergency Medicaid to all individuals residing in the United States, even those who lack satisfactory immigration status.”
DHHS spokesman Andrew Nixon told The Associated Press in June the intent behind the data sharing is to “ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them.”
The data transfer is “in full compliance with all applicable laws,” focused on Trump’s promise “to protect Medicaid for eligible beneficiaries,” he said.
In addition to Michigan, other states covered by the preliminary injunction include California, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.
The lawsuit is one of more than three dozen filed by Nessel to challenge policies from President Donald Trump’s administration on behalf of Michiganders, which includes more than 2.8 million who voted for the 47th POTUS in November 2024.
The lawsuits aim to protect non-citizen students who hate America and support terrorist groups; preserve diversity, equity and inclusion programs; challenge federal job cuts; restore federal funding cuts; protect illegal immigrants using federal food benefits; reverse funding cuts for Planned Parenthood; and preserve access to sex changes for kids, among other things.
