A CONTROVERSIAL new law that will take away benefits from certain US residents has hit a roadblock.
A lawsuit was recently filed in Idaho to contest a new state law that prevents undocumented immigrants from accessing various benefits, like medical treatment.
This law is scheduled to be implemented on July 1 and is designed to prevent illegal immigrants from receiving publicly-funded support in order to allocate resources primarily for Idaho residents.
One aspect of this law covers health benefits, specifically access to medication for HIV and AIDS. This has prompted a legal challenge by a doctor and four unnamed undocumented individuals who rely on HIV medication.
The American Civil Liberties Union of Idaho filed the complaint on behalf of Abby Davids and her patients.
It warned that taking away such life-saving treatment will have “devastating consequences” and claimed the policy is too vague while also contradicting federal law.
“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 stated.
“When [Davids’] 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 complaint claims that the law makes the job of health care providers infinitely more difficult as they will have to thoroughly explore the immigration status of patients to see if they are excluded from treatment.
It also states that it violates a federal law from 1996 that blocks the state from restricting who gets disease treatment.
Davids, who has been vocal about getting more information from the Idaho Department of Health and Welfare regarding what is considered a “lawful” immigration status, is “scared” for the future.
In an email to the department dated May 30, she said: “I am really scared about what this means for many of our patients.
“Their lives will now be in jeopardy”.
“Nobody benefits from barring access to life-saving HIV medication,” she told the Idaho Statesman.
“Infections like HIV do not infect people based on their immigration status, and treatment should not be limited by legal status, either.”
The ACLU has asked the judge to give the complaint class-action status, which will allow others who are impacted by the new law to join the lawsuit.
What is HIV?
HIV is a virus that damages the cells in your immune system and weakens your ability to fight everyday infections and disease.
In most cases, it spreads through unprotected sexual contact with an infected person.
Most people will experience flu-like symptoms two to six weeks after being infected.
This tends to include a sore throat, fever and a rash all over the body, which lasts one to two weeks.
After this, HIV may not cause any symptoms at all, but the virus continues to damage your immune system.
Some people go on to experience weight loss, night sweats, thrush in the mouth, an increase in herpes or cold sore outbreaks, swollen glands in the groin, neck or armpit, long-lasting diarrhoea, and tiredness.
While there is no cure for HIV, there are very effective treatments that enable most people with the virus to live long and healthy lives.
Medication now reduces the amount of the virus in the body to the point of being undetectable, meaning it cannot be transmitted.
Other healthcare benefits that will be blocked to illegal immigrants under this law include crisis counselling, prenatal and postnatal care, vaccinations, food assistance and communicable disease testing.
Undocumented residents will still be able to access emergency services but HIV and AIDS do not fall under this bracket despite being life-threatening if untreated.
This is because it has been categorized as a “long term condition”, according to a letter from the Idaho Division of Public Health.
Officials with the Department of Health and Welfare who are named as defendants in the lawsuit told The Statesman that they are reviewing the complaint and will respond in court.
Meanwhile, the Idaho ACLU’s legal director said on Friday that they will be “expanding our fight” past just access to HIV and AIDS treatment.
“All aspects of H.B. 135 are deeply concerning to us,” he said.
The suit asked a judge to block the state from revoking access for undocumented residents while the legal dispute goes through the court.
