BOISE, Idaho — A legal challenge has been initiated against a recent Idaho law that terminates some public benefits for individuals residing in the United States without legal authorization. This action involves the ACLU of Idaho and the National Immigration Law Center, advocating on behalf of Dr. Abby Davids and four residents with HIV, who prefer anonymity due to their immigration status. These plaintiffs have filed a federal lawsuit, seeking to stop the enforcement of immigration status verification for the state’s HIV treatment program while the case is active.
The complaint argues that the legislation is ambiguous, conflicts with federal laws, and complicates the process for healthcare providers to confirm the immigration statuses of their patients. The plaintiffs are also requesting that the lawsuit be recognized as a class-action, which would extend any judicial decision to similarly affected individuals.
Idaho’s Attorney General, Raul Labrador, along with other state health officials, are named in the lawsuit. In response, the Attorney General’s office stated they are assessing the complaint and will address it formally in due time.
According to the lawsuit, the new legislation is likely to result in numerous patients losing critical access to HIV and AIDS medication. This includes patients treated by Dr. Davids, who fears the health repercussions for her patients, as untreated HIV increases viral transmission risk.
The Idaho law, which will be enforced starting July 1, is considered a first in limiting public health benefits to individuals without verified lawful residency since a directive from former President Trump. The law mandates proof of legal residency for benefits such as disease testing, vaccinations, maternal care, crisis support, and food assistance funded publicly.
Federal regulations typically restrict undocumented immigrants from accessing most taxpayer-funded benefits, but exceptions exist for urgent medical services. However, Idaho maintains its emergency medical care provisions despite changing other aspects of benefit eligibility. The law addresses HIV care by excluding it from emergency designations, necessitating lawful residency proof for federal assistance under the Ryan White HIV/AIDS Program.
The patients bringing forward this legal challenge include immigrants from Colombia with asylum cases and individuals with DACA status. One patient highlighted the critical role of HIV medication received through the Ryan White Program, which effectively reduced her viral presence to undetectable levels, preventing the transmission of the virus to her child during pregnancy.
Dr. Davids has struggled to obtain clear guidance from the Idaho Department of Health and Welfare on compliance with the new law regarding legal status definitions. In frustration, she reported her concerns in communication with the department, emphasizing the dire consequences for her patients’ health and safety.