An Idaho law could prevent immigrants from accessing medication. Lawyers just sued
AI-generated summary reviewed by our newsroom.
- ACLU of Idaho sued to keep undocumented immigrants' access to HIV medication.
- Lawsuit argues Idaho law violates federal statutes and equal protection rights.
- Idaho requires legal status for access, but offers no eligibility guidance, lawsuit says
The American Civil Liberties Union of Idaho announced a lawsuit Friday to block part of a state law that would prevent undocumented immigrants from accessing HIV medication.
The law, which is set to go into effect July 1, would also prevent some immigrants from accessing services like soup kitchens, prenatal care and crisis counseling. Rep. Jordan Redman, R-Coeur d’Alene, said when he sponsored the bill that the state needed to prioritize sending its limited resources to Idaho citizens.
The lawsuit said the state law violates federal law.
“Nobody benefits from barring access to life-saving HIV medication,” said Abby Davids, a plaintiff and practitioner at medical provider Full Circle Health, which is based in Boise. “Infections like HIV do not infect people based on their immigration status, and treatment should not be limited by legal status, either.”
The other plaintiffs are five unnamed immigrants who take HIV medication. The defendants are officials with the Idaho Department of Health and Welfare and Attorney General Raúl Labrador.
“We are still reviewing the lawsuit and will respond in court after we have had a chance to fully review the complaint and other documents filed,” said Damon Sidur, the spokesperson for the Attorney General’s Office.
Redman did not immediately return a request for comment, and Health and Welfare declined to comment, citing pending litigation.
HIV, human immunodeficiency virus, causes AIDS. There is no cure for either, according to the lawsuit and the Mayo Clinic. But the medication available to Davids’ patients makes their HIV “undetectable and untransmittable,” the lawsuit said.
After the law’s passage, Health and Welfare told Davids that people seeking access to free HIV medication through federally funded programs will need to have their immigration status verified, according to the lawsuit.
A local advocate previously said the law is a way to create fear in the immigrant community.
The law requires “lawful presence,” in the United States, but the filing said Health and Welfare did not provide guidance on what immigration statuses would allow people to keep receiving medication.
For example, some immigrants have pending asylum applications or temporary work permits or are recipients of Deferred Action against Childhood Arrivals, or DACA, the lawsuit said.
Health and Welfare also hasn’t said when verification will be required, according to the lawsuit.
Federal law denies benefits to undocumented immigrants except for disease treatment
But a 1996 federal law prevents the state from restricting who receives those services, according to the lawsuit. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 said undocumented immigrants are not eligible for federal benefits, but it made an exception for services including the treatment of symptoms of communicable diseases.
Also, the lawsuit argues that the law discriminates based on immigration status while conflicting with federal law. Health and Welfare also didn’t provide adequate due process, the lawsuit said.
In 2024, Redman and Rep. Josh Tanner, R-Eagle, presented an identical version of the services bill, with the goal to make Idaho less attractive to immigrants. At the time, Redman said the bill took out everything they could under federal law.
“We don’t want people dying,” Redman said in a committee hearing in 2025. “But we don’t want to necessarily make it a place where people want to come for safe haven.”
However, other lawmakers pushed back on the bill, calling it “mean-spirited.”
“We are a Christian nation. … These are people who need help when they need help,” said Rep. Ben Fuhriman, R-Shelley at the committee hearing. He paused and grew emotional. “It’s sad that we’re attacking them in this way.”
Lawmakers in 2025 introduced a rash of bills addressing immigration. In some cases, they said they wanted the state to be “undesirable” for undocumented immigrants. One bill would have allowed local police to wade into immigration enforcement, which is typically reserved for the federal government. That law has been partially blocked by a judge.
The new lawsuit was filed Thursday by the ACLU of Idaho, the National Immigration Law Center and law firms Nixon Peabody LLP and Nampa-based Ramirez-Smith Law.
Paul Carlos Southwick, the ACLU of Idaho’s legal director, signaled in a press conference Friday that more litigation would likely be coming.
“All aspects of H.B. 135 (the law) are deeply concerning to us,” he said. “We will expand our fight.”
One of the plaintiffs, named only as K.P., is originally from Colombia. The lawsuit said she and her husband came to Idaho in April 2019 on tourist visas and have pending asylum applications. K.P. was diagnosed with HIV in December 2019. Because of the medication, she didn’t transmit HIV to her 1.5-year-old daughter during pregnancy.
“Her medication is everything,” the lawsuit said. “Her medication allows her to be with her daughter and watch her grow.”
This story was originally published June 27, 2025 at 1:19 PM.
