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HIV Immigration/Travel Ban Repealed |
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On July 30, 2008, President Bush signed into law the U.S. Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act. This law repeals the immigration law barring HIV-positive individuals from entering the U.S. HIV was the only disease designated as a ground of inadmissibility for travel and immigration in the statute.
The ban was enacted in 1987 at a time of rampant fear about the HIV virus and how it is spread. The ban created one of the world's harshest immigration policies for individuals who are HIV-positive: the U.S. was one of only 12 countries including Iraq, Libya and Syria that ban travel for individuals with HIV. The full act can be found on the Council on Foreign Relations website: H.R. 5501 While this legislation eliminates the statute of discrimination against foreign nationals with HIV, it does not repeal the ground of inadmissibility for those that are HIV positive The U.S. Department of Health and Human Services (DHHS) maintains a list of communicable diseases that may render certian persons inadmissible, and HIV is on this list. Consequently, persons with HIV are still required to obtain a waiver to be admitted to the U.S. |
