The content below is not intended to be and does not constitute legal advice. For legal advice specific to your circumstances, please contact Legal Aid Justice Center at 804-643-1086. Español.
This information is subject to change. Last updated 9/9/2025.
Background on Medicaid Data Sharing
A July 2025 news report disclosed that the Centers for Medicare and Medicaid Services (CMS) and the Department of Homeland Security (DHS) have signed an agreement to share information between the two agencies. CMS is the federal agency that administers Medicaid while DHS oversees immigration agencies, including ICE.
As a result, ICE and other immigration officials might have access to personally identifiable information about Medicaid recipients, both citizens and noncitizens.
What information can immigration agencies access, and when will they have access?
It is not publicly known what information ICE and other agencies have access to or if they’ve accessed it already. The agreement between CMS and DHS has not been made public.
However, we understand that CMS regularly maintains personal information on Medicaid recipients, such as name, date of birth, address, and immigration status. To our knowledge, CMS does not have access to personal information about family members who live with a Medicaid recipient but are not themselves Medicaid recipients.
What immigration agencies might be able to see the data, if the data is shared?
This is unknown because the agreement between CMS and DHS has not been made public. However, DHS oversees both ICE (conducts immigration enforcement) and US Citizenship & Immigration Services (processes immigration applications for naturalization, DACA, TPS, and more). It is unknown whether the EOIR (immigration courts) or the Department of State (which processes immigration applications made abroad) would also have access to this data.
This means that ICE might have access to personal information such as recipients’ addresses. It also means that USCIS officers might be able to see basic data on Medicaid applications, such as immigration status and address. Other personal data, such as marital status, is very unlikely to be accessible to USCIS officers.
Pending legal action
A group of 20 states led by California sued CMS to prevent data sharing with DHS. Virginia is not part of that lawsuit. On August 12, 2025, a judge issued an order temporarily halting the health department from sharing recipients’ personal data in those 20 states. Unfortunately, in light of the Supreme Court’s ruling in Trump v. CASA, this temporary injunction only applies to the 20 states that are parties to the lawsuit. Because Virginia is not among the 20 states, the order halting the data sharing does not apply to Virginia Medicaid recipients.
Background on SNAP Data Sharing
An August 2025 news report stated that Virginia is sharing personal information of Supplemental Nutrition Assistance Program (SNAP) applicants with the United States Department of Agriculture (USDA). USDA sent a request to all states asking for personal information about anyone who has received, is currently receiving, or has applied to receive SNAP benefits since January 1, 2020.
What information do they have?
USDA has requested data on SNAP recipients and applicants’ household members, including their names, dates of birth, Social Security numbers, residential and mailing addresses, and all data records used to determine eligibility or ineligibility.
According to a letter dated July 23, 2025, state agencies should not include supporting documents or case comments.
States are also required to provide the federal government with access to the total dollar value of SNAP received over time, the ability to filter by date range, and individuals’ SNAP usage and retailer data.
Are they sharing this with other agencies, such as immigration agencies?
It is unknown if the administration has shared this data with other agencies, such as the Department of Homeland Security, which oversees immigration. The Agency indicated that it will only use the data to ensure program integrity, including by verifying the eligibility of benefit recipients. However, this is an unprecedented data request, and the federal government has been sharing Medicaid data with DHS.
What privacy rules does SNAP have?
SNAP is required to keep personal information private. By law, that information cannot be shared except in a few special cases.
- When information can be shared:
- With people who run or enforce SNAP.
- For audits or official reviews required by law.
- With state or local law enforcement if someone breaks SNAP rules.
- With the federal government to collect money if someone was given too many benefits.
- Other special situations:
- If someone on SNAP is running from the law for a serious crime or breaking probation/parole rules, their information may be shared.
- In very limited cases, information may be given to immigration officials (USCIS). This only happens if:
- A person applies for SNAP for themselves (not just their children), and
- The agency knows the person is not legally in the U.S.
- “Knowing” means there has been an official decision by immigration authorities (like a final deportation order).
- There are also cases when information about an immigrant’s sponsor must be shared.
When a parent applies only for their child(ren), the parent’s information should not be reported to USCIS.
Individuals who are worried about their personal SNAP data privacy can call Legal Aid Justice Center to talk to a legal aid attorney: 804-643-1086.
Pending legal action
A lawsuit was filed on May 22, 2025, in the United States District Court for the Northern District of California by several non-profits, including the National Center for Law and Economic Justice. The administration initially paused its demand but renewed its request on July 9, 2025. In response, a motion for a temporary restraining order was filed on July 17, 2025; that motion was denied. At this time, there is no court order in this case affecting Virginia.
Another lawsuit was filed on July 28, 2025, by 21 states, including New York and California, to stop data sharing with USDA. The suit is ongoing, but Virginia is not a party at this time.
Additional Resources
- VPLC’s Frequently Asked Questions about the changes to data privacy and how they might impact Medicaid and SNAP applications for immigrants.
- Eleanor Sullivan and Cassie Edner from VPLC presented a webinar on September 10 about recent changes affecting immigrant access to health insurance and nutrition assistance. Watch the recording here.
- VPLC’s Immigration Rights and Resources page, containing information about emergency preparation, help with food, health care, and other necessities, what to do if a loved one is detained, and how to find a trustworthy attorney.