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U.S. Government Takes Another Step toward Lifting HIV Travel and Immigration Ban

The U.S. Citizenship and Immigration Services (USCIS) last week told officers to put a hold on green card applications that might be denied due to the applicant's HIV status, indicating that the government is moving forward with its plan to lift the ban on HIV positive visitors and immigrants entering the U.S., according to news reports.


 By Liz Highleyman

As previously reported, the Department of Health and Human Services (DHHS) proposed a policy change this summer that will allow foreign nationals with HIV to visit the U.S. without the current disclosure and paperwork requirements of a special waiver, and will no longer automatically disqualify HIV positive immigrants.

Last year's President's Emergency Plan for AIDS Relief (PEPFAR) reauthorization overturned a statutory ban, which originated in the early 1990s, and returned to DHHS the authority to determine whether HIV belongs on a list of "communicable diseases of public health significance" used to prevent foreigners from entering the country.

In his Miami Herald blog entry for September 23, Steve Rothaus reported that Steve Ralls of the advocacy group Immigration Equality informed him that USCIS issued a memo on September 22 instructing officers to place a hold on any green card applications that would otherwise be denied due to the applicant being HIV positive.

The hold will remain in effect until DHHS releases its final rule change to eliminate the ban, which is expected to happen soon since the public comment period on the proposed change expired in August. The blog post, including the full text of the 3-page USCIS memo, can be found online.

9/29/09

Sources

S Rothaus. Memo signals Obama administration is close to repealing HIV Travel and Immigration Ban. Miami Herald blog. September 23, 2009. (Full article).

C Johnson. U.S. closer to lifting HIV travel ban; Rule change expected to be "implemented shortly." Washington Blade. September 23, 2009. (Full article).

 

 

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