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By Mandy Taheri and Hannah Parry
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Immigration and Customs Enforcement (ICE) has been granted access to the personal data of 79 million Medicaid users, including home addresses and ethnicities, under an agreement with the Centers for Medicare and Medicaid Services (CMS) signed on Monday, according to the Associated Press.
In response to an inquiry about the agreement and to obtain a copy, Department of Homeland Security Assistant Secretary Tricia McLaughlin told Newsweek: "President Trump consistently promised to protect Medicaid for eligible beneficiaries. To keep that promise after Joe Biden flooded our country with tens of millions of illegal aliens CMS and DHS are exploring an initiative to ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding Americans."
Newsweek has reached out to CMS and the Department of Health and Human Services for confirmation and comment via email on Thursday.
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Why It Matters
The reported agreement comes amid an immigration crackdown under the Trump administration, with the president having pledged to launch the largest mass deportation operation in U.S. history. The initiative has seen an intensification of ICE raids across the country, with thousands of people having been swept up and arrested.
Medicaid provides health coverage to tens of millions of low-income Americans, with around 71 million currently enrolled in the program and over 7 million enrolled in the Children's Health Insurance Program (CHIP). The program, which is set to undergo vast cuts, has also been a target of the administration's push to root out fraud, waste, and abuse.
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What Medicaid Enrollee Data Does ICE Have Access To?
"ICE will use the CMS data to allow ICE to receive identity and location information on aliens identified by ICE," the agreement between the CMS and the Department of Homeland Security, which has not yet been made public, states.
The agreement, which grants ICE officials the ability to find the "location of aliens" across the country, also provides access to birth dates, racial information, and Social Security numbers of enrollees.
The AP reported the agreement limits accessibility to the data, with ICE officials unable to download it, but giving a limited period of access from 9 a.m. to 5 p.m. on weekdays until September 9.
Critics have called it a "violation" of America's privacy laws and warned it could have a chilling effect on people seeking emergency medical treatment for themselves or their children.
Under the Trump administration's direction, the Internal Revenue Service has also been providing information to ICE that could help track individuals without proper immigration status.
Can Illegal Immigrants Get Medicaid?
Eligibility for Medicaid, which is a federal-state partnership, varies by state, with notable differences between states that expanded the program under the Affordable Care Act and those that did not.
In a May press release, CMS wrote: "Under federal law, federal Medicaid funding is generally only available for emergency medical services for noncitizens with unsatisfactory immigration status who would otherwise be Medicaid-eligible, but some states have pushed the boundaries, putting taxpayers on the hook for benefits that are not allowed."
Emergency Medicaid, a temporary program that covers lifesaving care in emergency rooms, is available to all patients, including those without permanent legal status.
What People Are Saying
Senator Adam Schiff, a California Democrat, told the Associated Press on Thursday: "The massive transfer of the personal data of millions of Medicaid recipients should alarm every American. This massive violation of our privacy laws must be halted immediately. It will harm families across the nation and only cause more citizens to forego lifesaving access to health care."
Department of Homeland Security Assistant Secretary Tricia McLaughlin told the Associated Press: "[The agencies] are exploring an initiative to ensure that illegal aliens are not receiving Medicaid benefits that are meant for law-abiding Americans."
Andrew Nixon, a spokesperson for the Department of Health and Human Services, previously said in a statement provided to Newsweek: "HHS and CMS take the integrity of the Medicaid program and the protection of American taxpayer dollars extremely seriously. With respect to the recent data sharing between CMS and DHS, HHS acted entirely within its legal authority—and in full compliance with all applicable laws—to ensure that Medicaid benefits are reserved for individuals who are lawfully entitled to receive them.
He continued: "This action is not unprecedented. What is unprecedented is the systemic neglect and policy failures under the Biden-Harris administration that opened the floodgates for illegal immigrants to exploit Medicaid—and forced hardworking Americans to foot the bill."
California Governor Gavin Newsom said in June amid the first reports of the agreement: "This potential data transfer brought to our attention by the AP is extremely concerning, and if true, potentially unlawful, particularly given numerous headlines highlighting potential improper federal use of personal information and federal actions to target the personal information of Americans."
CMS Administrator Dr. Mehmet Oz said in a May press release: "Medicaid is not, and cannot be, a backdoor pathway to subsidize open borders. States have a duty to uphold the law and protect taxpayer funds. We are putting them on notice—CMS will not allow federal dollars to be diverted to cover those who are not lawfully eligible."
What Happens Next
It is unclear whether immigration authorities have already accessed the data.
Sweeping cuts to Medicaid are expected over the next few years following the passage of Trump's "big, beautiful" bill earlier this month. The Congressional Budget Office (CBO) estimated the bill will slash the program by about $790 billion over the next decade and would increase the number of uninsured people by over 10 million.
Update 7/17/25, 1:40 p.m. ET: This article has been updated with additional information.
Update 7/17/25, 2:30 p.m. ET: This article has been updated with additional information.
Update 7/17/25, 4:25 p.m. ET: This article was updated with comment from Department of Homeland Security Assistant Secretary Tricia McLaughlin.
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