ICE Illegally Scooped Up Medicaid Data, Then Shared It With Palantir

from the acceptable-collateral-damage dept

The Trump administration’s continual trend towards maximum awfulness means that every report seems to be “I’ve got bad news and I’ve got worse news.” What was already bad has become even worse now that more of the administration’s actions have been exposed during court proceedings.

Last July, the Trump administration unilaterally decided ICE should have access to Medicaid data for the sole purpose of locating migrants to arrest and deport. That much was made clear by the administration itself, which said the data would give ICE officials better tools to discover “the location of aliens.” An agreement was reached with the Centers for Medicare and Medicaid Service by the DHS because of course that happened. The administration had already purged plenty of non-loyalists, which meant those remaining wouldn’t put up much of fight.

There was no legal basis for this demand, which is why the headline says “illegally.” If this was a legal request, we wouldn’t be seeing lawsuits challenging the sharing of this sensitive medical data because the law would already be settled. Specifically, ICE wanted access to Medicaid data that exposed “home addresses and ethnicities.” Not exactly subtle, but nothing ever is with this grotesque shotgun of an administration.

But this sharing was challenged in court, and that converts that bad news to worse news. Not only did ICE have access to information it wasn’t legally entitled to have, but its private contractors did too, as NPR reports:

After Medicaid officials improperly shared data about millions of people in January with immigration officials, ICE then shared that data with the data analytics firm Palantir, according to new court filings. Palantir operates an app called ELITE that is used by ICE agents to show the addresses of noncitizens who may be subject to deportation.

That revelation was made public in a motion filed Thursday by more than 20 Democratic attorneys general who sued the Trump administration last year over its data-sharing agreement between the Centers for Medicare and Medicaid Services and ICE.

Palantir’s thirst for data is constant. And it will take anything its government customers choose to give it, including information that has been obtained illegally.

Palantir issued a couple of statements in response to this reporting based on courtroom revelations in ongoing lawsuits.

First, it said that the data in question had been “purged.” That’s great if true, but this seems like something that needs verification before trust because who knows where else this data set ended up before court orders blocked the government from using this data. If you think only ICE was peeking into this illicitly obtained data, you’re awarding the government the good faith it not only hasn’t earned, but has spent pretty much every minute since Trump’s election actively destroying.

ICE’s surveillance tech contractor also said this:

Palantir provided the following statement to NPR: “Our customers control their own data and manage access to that data. When Palantir employees are granted access to a customer’s dataset, it is solely to help integrate and analyze that data — which is what our software does — not to store it or use it for our own purposes. Palantir can confirm that the dataset in question was purged pursuant to government instruction.”

Well… I’d like to believe this much in the same way I’d like to believe a system of checks and balances is capable of constraining a rogue regime, much less its private contractors who are not subject to these particular restraints.

I believe Palantir to the extent that its employees aren’t just surfing waves of incoming data for their own personal reasons, but I find it extremely difficult to believe that a belated “purge” has actually scrubbed the data and removed any ancillary… well, let’s call them “infections.” Without turning over evidence of this purge to the courts, it’s easy to say it’s all been handled, even if the only thing that happened what Palantir deleting the source CSVs (or whatever) from its system, which isn’t the same thing as stripping it from Palantir’s databases.

Another reason for high levels of skepticism is this: ICE somehow couldn’t stop itself from passing this illegally obtained data to Palantir despite (apparently) trying to comply with a court order.

In a court filing last week, the Justice Department said that CMS again inadvertently reshared with ICE the dataset with millions of names that CMS had first improperly shared with ICE in January. The government said the error occurred during an effort to share data from states not involved in the lawsuit.

You see the problem, right? Because not every state sued over this illegal data collection, ICE continues to collect data that should — at this point — be considered off-limits. The only reason it doesn’t is because some states (you know the ones) have decided they’ll do whatever it takes to ensure the administration gets to keep being openly racist.

Consequently, the data sets aren’t being sorted between racist/non-racist (or whatever the SORT term is), which means ICE continues to retain data it’s been ordered to delete and Palantir keeps getting handed data the government isn’t allowed to collect, much less distribute.

Then there’s the ultimate problem. No matter what’s happening here in the lower courts, the administration will continue to push for a resolution from the US Supreme Court. And the odds are about 6-3 that SCOTUS will say the government can do whatever it wants with whatever data it collects, ignoring years of precedent and administrative firewalls that are meant to protect US citizens (and residents) from being abused and surveilled by their government.

Filed Under: dhs, ice, mass deportation, medicaid, medical data, trump administration

Companies: palantir