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Latest Department of Homeland Security Rule Does Not Lift HIV Entry Ban, AIDS Group Warns
On September 29, 2008, the Department of Homeland Security (DHS) made final a rule that would streamline the process by which HIV-positive people are eligible for entry into the United States. This rule comes nearly two years after President Bush, on World AIDS Day (December 1) 2006, called on DHS to ease the waiver requirements for HIV-positive people. While this may be viewed as a small step in the right direction, the rule does not lift the HIV entry ban, AIDS advocates stressed.
"The final rule does not create a new regulatory scheme that would permit HIV-positive persons to enter the United States temporarily, nor does it change the law for HIV-positive immigrants already in the U.S., most of whom are barred from attaining legal status except in extremely limited circumstances," said Vishal Trivedi, Immigration Project Manager at Gay Men's Health Crisis (GMHC). "HIV-positive immigrants would still be inadmissible under the new rule and subject to waiver requirements, including the need for a qualifying family member to support their application, and demonstration of private health insurance coverage," added Trivedi.
The news of this rule comes after a flurry of activity related to the United States' HIV travel and immigration ban, in existence since 1987 in the form of administration regulations. Since 1993, the entry ban was written into law in the Immigration and Nationality Act (INA). That language was removed from the INA this summer when President Bush signed the renewed President's Emergency Plan for AIDS Relief (PEPFAR). While advocates have praised the statutory change in the law, there is still caution about how this ultimately impacts the HIV entry ban. HIV remains on a list of "communicable diseases of public health significance," housed within the Department of Health and Human Services (HHS), which requires an administrative regulatory change to remove HIV from the list. HHS has indicated that it is proceeding toward removing HIV from the list of communicable diseases. This is the final step in removing the discriminatory and archaic policy that undermines public health.
To read GMHC's full analysis of the DHS rule, click here.
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Gay Men's Health Crisis (GMHC) is a not-for-profit, volunteer-supported and community-based organization committed to national leadership in the fight against AIDS. We provide prevention and care services to more than 15,000 men, women and families that are living with, or affected by, HIV/AIDS in New York City, and advocate for scientific, evidence-based public health solutions for hundreds of thousands worldwide.
Our Mission: GMHC fights to end the AIDS epidemic and uplift the lives of all affected.
© 2008 Gay Men's Health Crisis
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