DENVER, CO, June 18, 2025 — Colorado Center on Law and Policy, Colorado Consumer Health Initiative, Colorado Organization for Latina Opportunity and Reproductive Rights, The Colorado Cross-Disability Coalition, The Colorado Immigrant Rights Coalition, and The Colorado Children’s Campaign are sounding the alarm over an unprecedented federal request endangering the privacy, health, and safety of Colorado’s immigrant communities. The Centers for Medicare and Medicaid Services (CMS) has directed Colorado’s Medicaid program to hand over detailed personal and health data on undocumented immigrants who are eligible and enrolled in the federal Emergency Medicaid program.
This request comes on the heels of news reports (AP News, PBS) that CMS turned over similar data from California, Washington, Illinois, and Washington, D.C. to deportation officials in the U.S. Department of Homeland Security. The requested data includes personally identifiable information (PII) and protected health information (PHI), raising grave concerns about potential misuse by federal enforcement agencies, including Immigration and Customs Enforcement (ICE).
According to a Denver Post report this morning, the Department of Health Care Policy and Financing (HCPF) is “reviewing the federal data request and developing a plan,” without clarifying whether that plan includes full or partial compliance. Advocacy organizations warn, however, that compliance with this directive may be in violation of constitutional and statutory obligations to safeguard resident data against federal overreach. Because CMS has reportedly shared California data with deportation officials, people in Colorado have good reason to be concerned about the end goal of the request to HCPF.
“This data request is not about health or program integrity — it’s about authoritarian surveillance,” said CCLP Litigation Director Annie Martínez, Esq. “Public health data must never be used to criminalize sickness, poverty, or immigration status.”
Emergency Medicaid exists to ensure access to critical care — especially childbirth and life-saving interventions — for people who are otherwise excluded from health coverage.
Bethany Pray, Esq., CCLP Chief Legal and Policy Officer, warned of the harms this data sharing would create: “Turning private health data over to federal law enforcement will erode trust in public systems, deter families from seeking care, and directly undermine Colorado’s laws and values.”
“This is not a typical data request,” continued Pray. “Colorado’s Medicaid program is not a tool for surveillance. It is a safety net, and we must keep it that way.”
“Immigrant communities have fought for decades to access basic healthcare in Colorado,” stated Nicole Cervera Loy, Policy and Campaign Manager at the Colorado Immigrant Rights Coalition. “We will not allow our communities to be punished for using care they are entitled to under Colorado law. State leaders and institutions must reject this request and protect our communities from surveillance and harm.”
“We are deeply concerned about the potential implications of having personal identifying health information turned over to an agency that has no authority over CMS or Medicaid. Coloradans with disabilities expect that both the state and federal government will judiciously guard their personal information, including sensitive health information,” said Hillary Jogensen, Co-Executive Director of the Colorado Cross Disability Coalition.
The assembled organizations call on state agencies and leaders to:
- Refuse to share data that enables surveillance or violates individual privacy;
- Ensure full transparency and public oversight over any data-sharing with federal agencies;
- Publicly affirm the state’s non-cooperation with immigration enforcement through healthcare systems;
- Hold public hearings and issue clear guidance to reassure communities that their information is safe.
“The goal of Medicaid is better health for individuals and communities—not to fuel fear and punishment,” said Martínez. “We demand action to protect the privacy, dignity, and care that every Coloradan deserves.”