WASHINGTON, DC  --  A provision to repeal the US' travel and immigration ban on HIV positive individuals was introduced by U.S. senators John Kerry (D-MA) and Gordon Smith (R-OR) Monday, bringing the chance of lifting the discriminatory policy one step closer.

The travel and immigration ban prohibits HIV positive foreign nationals, students, and tourists from entering the U.S. unless they obtain a special waiver that only allows for short term travel. The United States is one of only 13 countries - including China, Iraq, Libya, and Sudan - to have such an HIV travel ban.

"The time is long overdue to repeal this unjust and sweeping policy that deems HIV positive individuals inadmissible to the United States," said Human Rights Campaign President Joe Solmonese.  "This law emerged out of fear and stigma, and there remains no public health rationale for treating HIV more harshly than other communicable diseases. We salute the leadership of Senators Kerry and Smith and urge Congress to end this draconian policy."

The ban was originally enacted in 1987, and explicitly restated in 1993, despite efforts in the public health community to remove the ban when Congress reformed U.S. immigration law in the early 1990s.  While immigration law currently excludes immigrants with any "communicable disease of public health significance" from entering the U.S., only HIV is explicitly named in the statute.  For all other illnesses, the Secretary of Health and Human Services retains the ability, with the medical expertise of his department, to determine which illnesses truly pose a risk to public health, HRC writes on their web site.

Last update: 03-11-2008 12:29