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Connecticut Attorney General William Tong today joined a multistate coalition filing a lawsuit challenging the U.S. Department of Health and Human Services’ (HHS) decision to provide access to individual personal health data to the Department of Homeland Security (DHS), which houses Immigration and Customs Enforcement (ICE).
In today’s lawsuit to be filed in the U.S. District Court for the Northern District of California, the attorneys general argue that 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."
“Why does Trump need your medical records—your immunization records, your weight, your cancer diagnosis, your prescriptions—to advance his out-of-control deportation agenda?" complains Tong, conveniently forgetting about that time when people were forced to show their covid immunization records to go out to dinner and maintain employment.
"What is ICE doing with all of this information, and who is watching to make sure this incredibly sensitive information is not misused, lost or leaked?" complained Tong, perhaps worried that Medicaid freeloaders, i.e., illegals, might lose their benefits.
"Trump is doing this to bully immigrant families away from seeking healthcare, and it’s making all of us less healthy and less safe. We’re suing today to stop this,” said Tong.
"Nearly one million people are covered by Medicaid in Connecticut. Data for several other states has already been shared with DHS. As far as we know, Connecticut data has not yet been shared and Attorney General Tong is suing today to ensure that never happens," the statement said. "Yet 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 Medicaid program administration."
"Reports indicate that the federal government plans to create a sweeping database for “mass deportations” and other large-scale immigration enforcement purposes," said the coalition statement.
The federal government claims it gave this data to DHS “to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them,” but the coalition argues that it is Congress that extended coverage and federal funds for emergency Medicaid to all individuals residing in the United States, regardless of immigration status -- so don't take any Medicaid away from illegals.
In today’s lawsuit, the coalition claims that the Trump Administration’s 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, leaving states and their safety net hospitals to foot the bill for federally mandated emergency healthcare services. These individuals may not get the emergency health services they need and will suffer negative health consequences — and even death — as a result."
The coalition asks that the court find the Trump Administration’s actions "arbitrary and capricious and rulemaking without proper procedure in violation of the Administrative Procedure Act, contrary to the Social Security Act, Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Modernization Act, and Privacy Act, and in violation of the Spending Clause." The coalition also asks 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.
In filing the lawsuit, Attorney General Tong joins the attorneys general of California, Arizona, Colorado, Delaware, Hawaii, Illinois, Massachusetts, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Washington.
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