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Federal judge blocks Idaho from verifying immigration status for HIV program • Idaho Capital Sun [1]
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Date: 2025-07-25
A federal judge on Thursday extended a temporary legal block that prevents Idaho from verifying the immigration status of people receiving HIV treatment.
U.S. District Judge Amanda Brailsford issued a preliminary injunction, blocking Idaho from enforcing a new state law meant to prevent unauthorized immigrants from accessing public funded assistance. But the block only prevents enforcement for the HIV treatment program called the Ryan White Program.
The injunction will prevent immigration status checks while the court considers a lawsuit brought by ACLU of Idaho and other legal groups on behalf of an Idaho doctor and immigrant patients.
The lawsuit argues Idaho’s law would deny immigrants life-saving health care that prevents HIV transmission.
“This ruling saves lives,” Dr. Abby Davids, a doctor suing state officials, said in a statement.
Ruling only protects HIV program. Other challenges to Idaho’s new law being explored, ACLU attorney previously said
Soon after Idaho’s new law, House Bill 135, took effect July 1, the judge temporarily blocked Idaho officials from applying it to the HIV treatment program in response to a lawsuit by ACLU of Idaho and other legal groups. The judge also provisionally certified class-action status in the lawsuit, extending the protections to any immigrant patients who are or could benefit from the program in the future.
The law cuts the few publicly funded services that unauthorized immigrants can receive in the state. Idaho’s law applies to a range of public benefits, beyond the HIV treatment program. ACLU is considering legal challenges for other programs affected by the law, an ACLU of Idaho attorney previously told the Idaho Capital Sun.
“We are pleased that the Court blocked Idaho officials’ attempts to sidestep federal law and ignore legal precedent,” ACLU of Idaho Staff Attorney Emily Croston said in a statement. “We will continue to fight these unconstitutional attacks on our immigrant neighbors. Immigrant communities form the backbone of Idaho, and they deserve better.”
The Idaho Attorney General’s Office could not be immediately reached for comment.
Judge finds plaintiffs ‘likely to succeed on the merits’ of federal preemption claim
Attorneys for the ACLU and other legal groups who sued over the law argued Idaho’s new law is preempted by federal law that exempts certain public benefits from immigration status verification.
In the preliminary injunction order, the judge wrote that the groups “are likely to succeed on the merits of their” preemption claim.
In a court hearing earlier this month, an attorney for the Idaho Attorney General’s Office representing Idaho officials in the lawsuit argued that the suing patients and doctor lacked a right to enforce federal law — and argued that extra eligibility requirements can be added to public benefits.
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