An Idaho doctor and four residents are challenging a new state law that halts some of the few public benefits available to people living in the U.S. unlawfully, including a program that provides access to life-saving HIV and AIDS medication for low income patients.
The ACLU of Idaho filed the federal lawsuit Thursday night on behalf of Dr. Abby Davids and four people with HIV who are not named because they are immigrants without lawful permanent residency.
The complaint says the new law is vague, contradicts federal law and makes it impossible for health care providers to determine exactly what kind of immigration status is excluded and how to verify that status for patients. They want a judge to grant them class-action status, expanding any ruling to other impacted people.
Dozens of patients treated by one Boise-area clinic stand to lose access to HIV and AIDS medication under the law, according to the complaint, including several cared for by Davids.
“Withdrawing HIV treatment from her patients will not only have devastating consequences on their health, it raises the public health risk of increased HIV transmission,” the ACLU wrote in the lawsuit. “When her patients are undetectable, they cannot transmit the virus. Without HIV treatment, however, they cannot maintain an undetectable viral level and therefore are able to transmit the virus to others.”
The new Idaho law takes effect July 1, and appears to be the first limiting public health benefits since President Trump ordered federal agencies to enhance eligibility verification and ensure that public benefits aren’t going to ineligible immigrants.
The law requires people to verify that they are legal U.S. residents to receive public benefits like communicable disease testing, vaccinations, prenatal and postnatal care for women, crisis counseling, some food assistance for children and even access to food banks or soup kitchens that rely on public funding.
Federal law generally prohibits immigrants in the U.S. illegally from receiving taxpayer-funded benefits like Medicare, Medicaid, Temporary Assistance for Needy Families and Social Security. But there are some exceptions for things like emergency medical care and other emergency or public health services.
Idaho’s law still allows for emergency medical services. But in a June 18 letter to health care providers, Idaho Division of Public Health administrator Elke Shaw-Tulloch said HIV is a long-term condition and not an emergency — so people must verify their lawful presence in order to get benefits through the federal Ryan White HIV/AIDS Program.
The HIV patients challenging the new law include a married couple from Columbia with pending asylum applications, a man who was brought to the U.S. when he was just 4 years old and has Deferred Action for Childhood Arrivals status until next year, and a man from Mexico who has been living and working in Idaho since 2020.
One of the patients said she and her husband were diagnosed with HIV in 2019 and immediately started antiretroviral therapy, receiving the medications at no cost through the Ryan White HIV/AIDS Program. The medication has lowered the viral load in her body enough that it is now undetectable, she wrote in a court filing, ensuring that she won’t transmit the virus to others.
“My medication protected my daughter while I was pregnant because it prevented me from transmitting HIV to her during pregnancy,” she wrote.
The treatment allows her to be with her child, watching her grow, she said.
Davids has been trying for weeks to get clarity from the Idaho Department of Health and Welfare about exactly what kind of verification her patients will have to show, and exactly which kinds of immigration status are considered “lawful.” But the state has yet to provide clear direction, according to the complaint.
“I am really scared about what this means for many of our patients. Their lives will now be in jeopardy,” Davids wrote in a May 30 email to the Department of Health and Welfare.
