BOISE, Idaho (AP) — An Idaho doctor and four residents are challenging a new state law that halts some of the few public benefits available to people living in the U.S. unlawfully, including a program that provides access to lifesaving HIV and AIDS medication for low income patients.
The ACLU of Idaho and the National Immigration Law Center filed the federal lawsuit Thursday night on behalf of Dr. Abby Davids and four people with HIV who are not named because they are immigrants without lawful permanent residency. They want a judge to bar the state from requiring immigration status verification from people who receive the federal HIV treatment benefits while the lawsuit moves forward in court.
The complaint says the new law is vague, contradicts federal law and makes it impossible for health care providers to determine exactly what kind of immigration status is excluded and how to verify that status for patients. They want a judge to grant them class-action status, expanding any ruling to other impacted people.
“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,” Damon Sidur, the communications director for Idaho Attorney General Raul Labrador, said Friday in an email to The Associated Press. The lawsuit names Labrador as well as several officials in the Idaho Department of Health and Welfare.
Dozens of patients treated by one Boise-area clinic stand to lose access to HIV and AIDS medication under the law, according to the complaint, including several cared for by Davids.
“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. “When her 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 new Idaho law takes effect July 1, and appears to be the first limiting public health benefits since President Donald Trump ordered federal agencies to enhance eligibility verification and ensure that public benefits aren't going to ineligible immigrants.
The law requires people to verify that they are legal U.S. residents to receive public benefits like communicable disease testing, vaccinations, prenatal and postnatal care for women, crisis counseling, some food assistance for children and even access to food banks or soup kitchens that rely on public funding.
Federal law generally prohibits immigrants in the U.S. illegally from receiving taxpayer-funded benefits like Medicare, Medicaid, Temporary Assistance for Needy Families and Social Security. But there are some exceptions for things like emergency medical care and other emergency or public health services.
Idaho’s law still allows for emergency medical services. But in a June 18 letter to health care providers, Idaho Division of Public Health administrator Elke Shaw-Tulloch said HIV is a long-term condition and not an emergency — so people must verify their lawful presence in order to get benefits through the federal Ryan White HIV/AIDS Program.
The HIV patients challenging the new law include a married couple from Columbia with pending asylum applications, a man who was brought to the U.S. when he was just 4 years old and has Deferred Action for Childhood Arrivals status until next year, and a man from Mexico who has been living and working in Idaho since 2020.
One of the patients said she and her husband were diagnosed with HIV in 2019 and immediately started antiretroviral therapy, receiving the medications at no cost through the Ryan White HIV/AIDS Program. The medication has lowered the viral load in her body enough that it is now undetectable, she wrote in a court filing, ensuring that she won't transmit the virus to others.
“My medication protected my daughter while I was pregnant because it prevented me from transmitting HIV to her during pregnancy,” she wrote.
The treatment allows her to be with her child, watching her grow, she said.
Davids has been trying for weeks to get clarity from the Idaho Department of Health and Welfare about exactly what kind of verification her patients will have to show, and exactly which kinds of immigration status are considered “lawful.” But the state has yet to provide clear direction, according to the complaint.
“I am really scared about what this means for many of our patients. Their lives will now be in jeopardy,” Davids wrote in a May 30 email to the Department of Health and Welfare.
FILE - The James A. McClure Federal Building & United States Courthouse, which houses the U.S. District Court, in seen in Boise, Idaho, on Jan. 19, 2007. (AP Photo/Troy Maben, File)
WASHINGTON (AP) — Becky Pepper-Jackson finished third in the discus throw in West Virginia last year though she was in just her first year of high school. Now a 15-year-old sophomore, Pepper-Jackson is aware that her upcoming season could be her last.
West Virginia has banned transgender girls like Pepper-Jackson from competing in girls and women's sports, and is among the more than two dozen states with similar laws. Though the West Virginia law has been blocked by lower courts, the outcome could be different at the conservative-dominated Supreme Court, which has allowed multiple restrictions on transgender people to be enforced in the past year.
The justices are hearing arguments Tuesday in two cases over whether the sports bans violate the Constitution or the landmark federal law known as Title IX that prohibits sex discrimination in education. The second case comes from Idaho, where college student Lindsay Hecox challenged that state's law.
Decisions are expected by early summer.
President Donald Trump's Republican administration has targeted transgender Americans from the first day of his second term, including ousting transgender people from the military and declaring that gender is immutable and determined at birth.
Pepper-Jackson has become the face of the nationwide battle over the participation of transgender girls in athletics that has played out at both the state and federal levels as Republicans have leveraged the issue as a fight for athletic fairness for women and girls.
“I think it’s something that needs to be done,” Pepper-Jackson said in an interview with The Associated Press that was conducted over Zoom. “It’s something I’m here to do because ... this is important to me. I know it’s important to other people. So, like, I’m here for it.”
She sat alongside her mother, Heather Jackson, on a sofa in their home just outside Bridgeport, a rural West Virginia community about 40 miles southwest of Morgantown, to talk about a legal fight that began when she was a middle schooler who finished near the back of the pack in cross-country races.
Pepper-Jackson has grown into a competitive discus and shot put thrower. In addition to the bronze medal in the discus, she finished eighth among shot putters.
She attributes her success to hard work, practicing at school and in her backyard, and lifting weights. Pepper-Jackson has been taking puberty-blocking medication and has publicly identified as a girl since she was in the third grade, though the Supreme Court's decision in June upholding state bans on gender-affirming medical treatment for minors has forced her to go out of state for care.
Her very improvement as an athlete has been cited as a reason she should not be allowed to compete against girls.
“There are immutable physical and biological characteristic differences between men and women that make men bigger, stronger, and faster than women. And if we allow biological males to play sports against biological females, those differences will erode the ability and the places for women in these sports which we have fought so hard for over the last 50 years,” West Virginia's attorney general, JB McCuskey, said in an AP interview. McCuskey said he is not aware of any other transgender athlete in the state who has competed or is trying to compete in girls or women’s sports.
Despite the small numbers of transgender athletes, the issue has taken on outsize importance. The NCAA and the U.S. Olympic and Paralympic Committees banned transgender women from women's sports after Trump signed an executive order aimed at barring their participation.
The public generally is supportive of the limits. An Associated Press-NORC Center for Public Affairs Research poll conducted in October 2025 found that about 6 in 10 U.S. adults “strongly” or “somewhat” favored requiring transgender children and teenagers to only compete on sports teams that match the sex they were assigned at birth, not the gender they identify with, while about 2 in 10 were “strongly” or “somewhat” opposed and about one-quarter did not have an opinion.
About 2.1 million adults, or 0.8%, and 724,000 people age 13 to 17, or 3.3%, identify as transgender in the U.S., according to the Williams Institute at the UCLA School of Law.
Those allied with the administration on the issue paint it in broader terms than just sports, pointing to state laws, Trump administration policies and court rulings against transgender people.
"I think there are cultural, political, legal headwinds all supporting this notion that it’s just a lie that a man can be a woman," said John Bursch, a lawyer with the conservative Christian law firm Alliance Defending Freedom that has led the legal campaign against transgender people. “And if we want a society that respects women and girls, then we need to come to terms with that truth. And the sooner that we do that, the better it will be for women everywhere, whether that be in high school sports teams, high school locker rooms and showers, abused women’s shelters, women’s prisons.”
But Heather Jackson offered different terms to describe the effort to keep her daughter off West Virginia's playing fields.
“Hatred. It’s nothing but hatred,” she said. "This community is the community du jour. We have a long history of isolating marginalized parts of the community.”
Pepper-Jackson has seen some of the uglier side of the debate on display, including when a competitor wore a T-shirt at the championship meet that said, “Men Don't Belong in Women's Sports.”
“I wish these people would educate themselves. Just so they would know that I’m just there to have a good time. That’s it. But it just, it hurts sometimes, like, it gets to me sometimes, but I try to brush it off,” she said.
One schoolmate, identified as A.C. in court papers, said Pepper-Jackson has herself used graphic language in sexually bullying her teammates.
Asked whether she said any of what is alleged, Pepper-Jackson said, “I did not. And the school ruled that there was no evidence to prove that it was true.”
The legal fight will turn on whether the Constitution's equal protection clause or the Title IX anti-discrimination law protects transgender people.
The court ruled in 2020 that workplace discrimination against transgender people is sex discrimination, but refused to extend the logic of that decision to the case over health care for transgender minors.
The court has been deluged by dueling legal briefs from Republican- and Democratic-led states, members of Congress, athletes, doctors, scientists and scholars.
The outcome also could influence separate legal efforts seeking to bar transgender athletes in states that have continued to allow them to compete.
If Pepper-Jackson is forced to stop competing, she said she will still be able to lift weights and continue playing trumpet in the school concert and jazz bands.
“It will hurt a lot, and I know it will, but that’s what I’ll have to do,” she said.
Heather Jackson, left, and Becky Pepper-Jackson pose for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)
Heather Jackson, left, and Becky Pepper-Jackson pose for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)
Becky Pepper-Jackson poses for a photograph outside of the U.S. Supreme Court in Washington, Sunday, Jan. 11, 2026. (AP Photo/Jose Luis Magana)
The Supreme Court stands is Washington, Friday, Jan. 9, 2026. (AP Photo/J. Scott Applewhite)
FILE - Protestors hold signs during a rally at the state capitol in Charleston, W.Va., on March 9, 2023. (AP Photo/Chris Jackson, file)
