Office of the
Illinois Attorney General
Kwame Raoul

Chicago – Attorney General Kwame Raoul issued the following statement after the U.S. District Court for the Northern District of California granted a preliminary injunction finding that Illinois and a coalition of states were likely to succeed on their claim that the U.S. Department of Health and Human Services’ (HHS) decision to provide the Department of Homeland Security (DHS) with unfettered access to individual personally-identifying information violates the Administrative Procedure Act’s prohibition on arbitrary and capricious rulemaking. DHS houses Immigration and Customs Enforcement (ICE).

The preliminary injunction blocks DHS from using the plaintiff states’ Medicaid data for immigration enforcement purposes. It also blocks HHS from sharing that Medicaid data with DHS for immigration enforcement purposes. The preliminary injunction will remain in place until 14 days after HHS and DHS complete a reasoned decision-making process that complies with the Administrative Procedure Act, or until the litigation concludes.

“The preliminary injunction is necessary to prevent HHS from providing unmitigated access to Medicaid recipients’ personal data for immigration enforcement purposes. It is a critical tool that will help us protect Illinois’ most vulnerable residents, who will be disproportionately impacted by this violation of their trust,” Raoul said. “Medicaid recipients were playing by the rules when they provided sensitive personal information, and that information should not now be weaponized against those who rely on Medicaid for their health coverage.”

On July 1, Raoul and a multistate coalition filed a lawsuit against the Trump administration arguing that the mass transfer of Medicaid data violates the law, and the coalition asked the court to block any new transfer or use of this data for immigration enforcement purposes. According to the lawsuit, the Trump administration’s illegal actions are creating fear and confusion that is leading noncitizens and their family members to disenroll, or refuse to enroll, in emergency Medicaid for which they are otherwise eligible. As a result, states and their safety net hospitals are left footing the bill for federally mandated emergency health care services. In the limited preliminary injunction order, the court ruled that the Trump administration’s actions were likely arbitrary and capricious and that the rulemaking violated the Administrative Procedure Act.

Created in 1965, Medicaid is an essential source of health insurance for low-income individuals and underserved population groups, such as children, pregnant women, individuals with disabilities and older Americans. The Medicaid program allows each participating state to develop and administer its own unique health plans. States must meet threshold federal statutory criteria, but they can tailor their plans’ eligibility standards and coverage options to residents’ needs. As of January 2025, 78.4 million people were enrolled in Medicaid and the Children’s Health Insurance Program (CHIP) nationwide.  

In Illinois, Medicaid, CHIP and other affordable health care programs provide critical health care coverage to nearly 3.5 million individuals and families across the state, making the Illinois Department of Healthcare and Family Services the largest source of medical insurance in Illinois.

Joining Attorney General Raoul in the litigation are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Massachusetts, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Washington.