AIDS Action Council Welcomes Move to Lift HIV Travel and Immigration Entry Bar
AIDS Action Council commends Health and Human Services Secretary Kathleen Sebelius on today’s publication in the Federal Register of a proposed rule to remove HIV infection as grounds for denying entry to the United States by visitors and immigrants. The draft rule also removes HIV testing from the scope of any required medical examinations for visa applicants and immigrants. There is a 45-day public comment period on this proposal.
Since 1987, the United States by either policy or law has restricted entry of HIV-infected individuals. The restriction also affects persons seeking to change their immigration status to become permanent legal residents. The legal requirement that HIV infection constitutes grounds for barring entry to the U.S. was repealed with the enactment of the Tom Lantos and Henry Hyde U.S. Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008. The United States is one of only twelve countries that restrict entry of HIV-infected noncitizens. The other countries include Armenia, Iraq, Libya, Russia, Saudi Arabia, and Sudan. The proposed rule clearly indicates that while HIV infection is a serious health condition, there is no scientific or public health justification for HIV-related travel and immigration restrictions.
“Barring entry of people living with HIV/AIDS is a blatant violation of their human rights,” said Rebecca Haag, Executive Director of AIDS Action Council. “The current policy adds to HIV stigmatization and discrimination against people with HIV/AIDS. Ending this policy and practice is overdue. We strongly support the Obama administration’s efforts to correct this wrong. AIDS Action Council, along with many community advocates, has fought long and hard to change this policy and it is a tribute to the determination of the HIV/AIDS community and our Congressional allies that this day finally has arrived.”
AIDS Action Council recognizes that the publication of the proposed rule is not the last step. “We will use the comment period to continue to inform the public of the need for this rule and to encourage individuals and organizations to submit positive and supportive comments,” said Haag. “We cannot be complacent or silent. Let’s end this restriction now.”
