BOISE, Idaho — The American Civil Liberties Union of Idaho and several plaintiffs have filed a lawsuit seeking to block a new state law that would restrict access to public benefits for people living in Idaho without legal immigration status.
The law, House Bill 135, is set to take effect Tuesday. It bars undocumented immigrants from accessing various public services, including some federally funded healthcare programs.
"It's clearly unconstitutional," said ACLU of Idaho Legal Director Paul Carlos Southwick.
WATCH: ACLU legal director discusses the reasoning behind the lawsuit
Ruby Mendez-Mota, advocacy fellow at ACLU of Idaho, said the law will have a direct impact on vulnerable communities. "What this bill does is it puts up new walls between vulnerable people and the basic human services they need to survive."
The lawsuit argues that the law unfairly targets immigrants who are unable to verify their legal status. "It punishes people for simply trying to care for themselves and their families, and that's why we are suing," Mendez-Mota said.
Among the plaintiffs are Dr. Abby David of Full Circle Health and four Idaho residents who are challenging the law’s potential impact on access to life-saving HIV and AIDS medication. They are seeking a temporary restraining order to prevent the state from enforcing the provision that would block access to those treatments for undocumented patients.
"HIV is a very treatable condition — with medication, people can live normal lives without sickness. But without medication, it is universally fatal," said Dr. David.
Supporters of the bill, including Republican lawmakers, argue the measure is intended to safeguard limited public resources. During debate on the Senate floor earlier this year, Sen. Todd Lakey said, "We have limited resources and funds, and careful use of those public funds is one of our primary responsibilities as legislators."
Prior to this law, Idaho residents could access certain benefits without needing to prove legal immigration status. Under HB 135, verification is now required.
A judge has been assigned to the case, and the ACLU of Idaho is seeking a preliminary injunction before the law takes effect.
Requests for comment from the bill’s sponsors, Sen. Phil Hart and Rep. Jordon Redman, were not returned.
Idaho News 6 will continue to follow this story.
