Judge Chhabria narrows the Medicaid-to-ICE data injunction

Holding (preliminary). In California v. HHS, Judge Chhabria denied the states’ renewed motion as to the core of the new HHS and DHS policies, basic biographical, location and contact information, because that sharing is “clearly authorized by law.” He granted it for everything beyond, because the policies are “totally unclear” about what that further information would be, why it is needed and what the risks are. The ruling rests on the Administrative Procedure Act, not a Privacy Act finding: the court wrote that the Privacy Act and HIPAA regulations “permit disclosure of otherwise protected data for law enforcement purposes such as immigration enforcement.”

Status. The injunction remains in force and is being clarified. A later order says the “prior restrictions remain in place” pending approval of clarifying language, and that, as a starting point, the policies “clearly do not justify ICE’s receipt or use of data from CMS on citizens, lawful permanent residents, and those with valid and unexpired visas.” Whether the December order was appealed was not checked in this pass.