The U.S. Department of Health and Human Services (HHS) has announced plans to resume sharing limited Medicaid data with U.S. Immigration and Customs Enforcement (ICE), reversing prior assurances that such information would not be used for immigration enforcement. However, implementation is currently blocked by a preliminary injunction.
The Centers for Medicare & Medicaid Services (CMS), a division of HHS, published a notice in the Federal Register today, November 25, 2025, stating that CMS will provide specified information to the Department of Homeland Security (DHS)—ICE’s parent agency—upon request, in accordance with federal laws that require or authorize these disclosures. This applies to data CMS collects while administering Medicaid, including immigration status details used for eligibility determinations and federal funding calculations.
Per the notice, ICE anticipates requesting biographical, contact, and location details from CMS records, while retaining the option to pursue additional data on a case-by-case basis where legally permitted. CMS specifies that shared information could include citizenship and immigration status, location data, and phone numbers, but emphasizes it will disclose only the minimum necessary information, transmitted securely with privacy safeguards in place.
The notice references multiple federal statutes granting DHS and ICE access to noncitizen records, including sections of the Homeland Security Act and the Immigration and Nationality Act that mandate federal agencies to share identity and location data on “aliens” with immigration authorities.
CMS notes that its previous assurances against using program data for enforcement relied on a 2013 ICE policy memorandum (No. 11066.1), which was rescinded on October 27, 2025, via ICE Policy Memorandum No. 11066.2. ICE now deems the benefits of CMS data for immigration and criminal enforcement to outweigh prior reliance concerns.
This data-sharing approach aligns with 2025 executive orders advancing the administration’s immigration agenda. Notably, the Executive Order on “Stopping Waste, Fraud and Abuse by Eliminating Information Silos” (issued March 25, 2025; 90 FR 13681) directs agencies to maximize inter-agency data access to identify and curb waste, fraud, and abuse in federally funded programs, including by preventing benefits from reaching “unqualified aliens.” Broader orders, such as Executive Order 14159 (“Protecting the American People Against Invasion,” January 20, 2025), reinforce faithful enforcement of immigration laws and border security.
CMS recognizes potential reliance by states, providers, beneficiaries, insurers, and the public on earlier non-sharing assurances, but asserts these interests have “little to no weight” against established statutory mandates for ICE access. The notice clarifies that, due to a preliminary injunction in California v. HHS (No. 3:25-cv-05536, N.D. Cal., filed July 1, 2025; granted August 12, 2025), neither ICE nor CMS can currently use or share certain Medicaid data for immigration enforcement.
The injunction—issued by Judge Vince Chhabria for violations of the Administrative Procedure Act’s (APA) reasoned decision-making requirements—applies to data from 20 plaintiff states and will lift 14 days after HHS and DHS complete compliant processes or upon litigation’s resolution. CMS will not proceed until then, and the notice itself is a general policy statement exempt from public comment.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
