HIV Travel Ban Finally Dies

Today President Bush acted to end the statutory ban on entry to the U.S. by people with HIV.  Until now, only HIV was singled out in the immigration law for exclusion.  In signing the President’s Emergency Plan for AIDS Relief (PEPFAR), Bush repealed the statutory ban on HIV-positive tourists and immigrants, and restored jurisdiction to the Department of Health and Human Services (HHS) to determine whether HIV is a “communicable disease of public health significance.”

 

“The United States has finally ended the practice of mandating discrimination against HIV-positive people.  By removing the statutory ban on entry for HIV-positive foreign nationals, Congress has sent a clear signal that we can’t fight discrimination and stigma abroad until we end them at home.  Congress has done its part - now it’s time for HHS to act,” said Victoria Neilson, Legal Director of Immigration Equality. 

 

 Under the ban, which had been in place since 1993, HIV was the only disease that rendered travelers and immigrants inadmissible by Congressional fiat. All other decisions on whether a disease prevents admission into the U.S. are left to the discretion of HHS.

 

“With the statutory ban no longer in place, we can now begin to frame a fair and sensible HIV immigration policy,” said Neilson.  “The Department of Health and Human Services should act swiftly to remove HIV from its list.  It is time to leave behind this vestige of the fear and ignorance about AIDS that gripped the United States in the late 1980’s.  Today everyone knows that you can’t get AIDS from sitting next to someone on an airplane or sharing a bathroom - American policy should reflect this.”

 

Senators John Kerry (D-MA) and Gordon Smith (R-OR) led the effort to repeal the HIV ban.  Said Senator Kerry, “Today President Bush signed the PEPFAR reauthorization bill into law.  Not only does this represent a profound commitment to fighting the AIDS epidemic globally but it also finally eliminates the discriminatory travel and immigration ban on individuals with HIV.  I am proud to have sponsored this initiative and to have worked with so many superb organizations like Immigration Equality on its passage.”

 

Immigration Equality, the national voice for LGBT and HIV-positive immigrants and their families, provides legal advice, representation, and advocacy for those affected by the HIV ban.  The policy disproportionately affects LGBT individuals, since close family relationships with U.S. citizens or legal permanent residents are generally required to seek HIV ban waivers, and same-sex relationships are not recognized under current immigration law.