Your Doctor Visits May Now Be Shared With ICE
Published Date: 11/25/2025
Notice
Summary
Starting now, the Centers for Medicare & Medicaid Services (CMS) will share some Medicaid info with the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE). This helps make sure Medicaid funds are used properly, especially regarding who qualifies based on immigration status. If you’re on Medicaid or involved in its administration, this change could affect how your info is handled, but it won’t change your benefits or costs.
Analyzed Economic Effects
4 provisions identified: 2 benefits, 2 costs, 0 mixed.
CMS Will Share Medicaid Data with DHS/ICE
CMS announced it will provide certain information it collects in connection with the Medicaid program to the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE). This policy is effective immediately and applies to data CMS holds about people in Medicaid.
Types of Medicaid Information That May Be Shared
CMS says ICE may request biographical, contact, and location information and that examples of information CMS may share include citizenship and immigration status, location, and phone numbers. CMS may also share Medicaid data or data states send to CMS, and ICE may request other information on a case-by-case basis as permitted by law.
CMS Will Use Minimum Data and Safeguards
CMS states it will share the minimum required information, transfer information to ICE in a secure manner, and establish safeguards such as written agreements or other arrangements. CMS says it will consider the federal laws governing disclosure and the capabilities and resources of CMS systems when responding to requests.
Court Injunction Now Limits Immediate Sharing
The notice explains that ICE rescinded a 2013 enforcement-discretion policy (ICE Policy Memorandum 11066.2) but also notes ICE is currently precluded from using certain CMS information and CMS is precluded from sharing certain Medicaid data with ICE for immigration enforcement while a Preliminary Injunction (see California v. HHS, No. 25-05536 (N.D. Cal. filed July 1, 2025)) remains in place. CMS says it will proceed with sharing when the Preliminary Injunction is lifted.
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