An Idaho doctor and four residents living with HIV are suing the state over a new law that restricts access to publicly funded health programs for undocumented immigrants, including life-saving HIV and AIDS treatment for low-income patients.
The American Civil Liberties Union of Idaho filed the federal lawsuit Thursday night on behalf of Dr. Abby Davids and four unnamed individuals, all of whom are immigrants without permanent legal status. The plaintiffs argue the law is vague, contradicts federal protections, and puts both individual and public health at risk.
The controversial law, set to take effect July 1, requires individuals to verify their lawful U.S. residency before receiving certain public benefits. These include vaccinations, prenatal and postnatal care, food assistance, crisis counseling, and communicable disease testing. Notably, it also applies to the federal Ryan White HIV/AIDS Program, which provides essential medication to people living with HIV who cannot afford it.
“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. Studies show that when HIV-positive individuals maintain undetectable viral loads through treatment, they cannot transmit the virus to others.
According to the complaint, dozens of patients at a Boise-area clinic, including several under Davids’ care, stand to lose access to their medication if the law takes effect.
Among the plaintiffs are a married couple from Colombia awaiting asylum decisions, a man brought to the U.S. at age 4 who holds Deferred Action for Childhood Arrivals (DACA) status, and a man from Mexico who has lived and worked in Idaho since 2020. One woman shared that her HIV treatment allowed her to safely carry and give birth to a healthy child.
While Idaho officials have yet to provide clear guidance on how immigration status will be verified under the law, Davids has repeatedly raised concerns about the policy’s life-threatening impact.
“I am really scared about what this means for many of our patients. Their lives will now be in jeopardy,” Davids wrote in a recent email to the Idaho Department of Health and Welfare.
Idaho officials say the law follows federal restrictions on undocumented immigrants accessing taxpayer-funded benefits, but have not commented on the lawsuit.
The plaintiffs are seeking class-action status to extend legal protection to other undocumented Idaho residents who rely on these critical health services.
