Immigration Equality - --deprecated--HIV nondiscrimination act fact sheet

HIV Nondiscrimination in Travel and Immigration Act of 2007

Current U.S. policy bans any individual with HIV from entering the United States or becoming a legal permanent resident unless the individual meets stringent waiver requirements. This policy was codified in 1993 against the recommendation of the Public Health Service and the Department of Health and Human Services (HHS) because it neither serves the public interest, nor does it protect the public health.

Consequently, while the U.S. leads investment in HIV research, treatment, and the worldwide effort to end HIV/AIDS, it currently maintains one of the most restrictive policies toward HIV-positive individuals who seek to travel to the U.S. or to immigrate here permanently.

Current Policy is Outmoded
Under current immigration law individuals who are HIV-positive are labeled “inadmissible” which means they are barred from entering the U.S. for short term travel or from obtaining permanent resident status. Limited waivers are available but are difficult to obtain.

• HIV is the ONLY medical condition permanently listed in the Immigration and Nationality Act as a ground of inadmissibility. In contrast every other disease may be added or subtracted from the list at the discretion of the HHS Secretary based upon the threat HHS determines that the illness poses to the public health;

• The U.S. is one of only 13 countries to have such harsh HIV restrictions. Other countries which restrict short-term travel for individuals living with HIV include: Armenia, Brunei, China, Iraq, Qatar, South Korea, Libya, Moldova, Oman, the Russian Federation, Saudi Arabia, and Sudan.

The Current Ban Does Not Protect the Public Health
Public health experts agree that education, not stigma is the way to combat HIV. In 2006, the United Nations Programme on HIV/AIDS stated, “There is no public health rationale for restricting liberty of movement or choice of residence on the grounds of HIV status…any restrictions on these rights based upon suspected or real HIV status alone…cannot be justified by public health concerns.”

A Change Is Needed
The HIV Nondiscrimination in Travel and Immigration Act of 2007 would amend the Immigration and Nationality Act by removing the statutory ban on HIV and, as with all other medical conditions, restore authority to HHS to determine whether or not individuals with HIV should be deemed inadmissible.

If enacted this bill would not only serve the public health but bring U.S. immigration policy in line with our allies and trading partners, attract the talent and skills of HIV-positive individuals to the U.S. instead of rebuking them, and send a strong signal that the U.S. is committed to ending the HIV/AIDS crisis through research, compassion, and sound public policy.

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