The United States' HIV Immigration Ban Eliminated? Not So Fast!

[JackBeck]

But How Far Have We Really Come?

Contrary to popular belief, the ban isn't actually being lifted. Rather, it's being changed from a statutory ban to an administrative ban. In other words, when President Bush reauthorizes PEPFAR, it will restore to bureaucrats at the Department of Health and Human Services (HHS) the authority to determine on a case-by-case basis (hopefully using sound medical and public health reasoning – cross your fingers!) whether someone's HIV status is grounds for denial of entry. As Dr. Ordover summarizes, "HHS is where the ban lived, administratively, for the first 6 years of its life <1987-1993>, and it did plenty of damage there. If the entry ban ends up solely an HHS matter, it will be critical for us to maintain our vigilance and unity, so that the administration doesn't split the ban – lifting it for travelers and some visa holders, but keeping it in place for long-term visa seekers and immigrants."

http://www.aids2008.com/blog/the-united-states-hiv-immigration-ban-eliminated-not-so-fast

[ck4829]

1. Of course.

Some way to keep this ultra-right ban alive.

[JackBeck]

2. Must keep the knuckle-dragging Minutemen happy.

While the Statue of Liberty continues to weep.

[JackBeck]

3. Email from Immigration Equality:

Repeal of the Statutory HIV Ban: One Giant Step Forward (but another big step remaining)

When the President signed PEPFAR, the statutory HIV travel ban was removed. That is, the ban is no longer written into the Immigration and Nationality Act. This is just the first step though, in a two step process. The Department of Health and Human Services (HHS) and its secretary Michael Leavitt, have the authority to decide which illnesses constitute “communicable diseases of public health significance.” Currently, HIV is on this list, meaning that the HIV ban will not immediately be lifted. So, what happens next?

We must now set our sights on HHS. and urge them to strike HIV from its list. Immigration Equality is working in coalition with other organizations now to determine the best way to approach HHS. In order for the ban to be fully repealed, HHS will have to issue proposed regulations, allow for public comments, and then issue final regulations. This could be a lengthy (and contentious) process.

Meanwhile, foreign nationals who are HIV-positive, will still have to meet the requirements of the existing HIV waiver law. Anyone who has specific strategy questions about their own legal situation should email or call Immigration Equality for more information. We will keep everyone posted about what you can do to help our efforts with HHS.

[Jack_DeLeon]

4. I dont have a problem with it...

we should keep non-citizens with deadly infectious diseases from entering our boarders whenever possible. We certainly dont need anymore people to spread this or other diseases.

How do other countries do that?

[JackBeck]

5. We're only 1 of 13 countries that do this.

Some of the others being: Iraq, Russia, Saudi Arabia and Sudan.

[treestar]

6. In this day and age, it will have little effect

Americans are going to travel abroad, and bring it back anyway, in fact, that's just as likely. In the end, the spread of AID anywhere is not going to be stopped by using national borders; everyone would have to always stay home and then you can still spread it amongst yourselves.