8.3.07 - S.F. AIDS Foundation Applauds Moving to Lift the Ban on HIV+ Travel and Immigration

San Francisco, August 3, 2007 -- Yesterday, Representative Barbara Lee (D-CA) introduced the "HIV Nondiscrimination in Travel and Immigration Act," which would move toward eliminating a provision in U.S. immigration law barring HIV-positive people from entering the country for travel or immigration. While the bill does not remove the ban entirely, the San Francisco AIDS Foundation sees it as a vital step towards ending a senseless and inhumane chapter in the history of HIV/AIDS.

The ban, preventing prospective immigrants, foreign students, refugees, and tourists from entering the U.S., has been in place since 1993 when Congress declared that people living with HIV/AIDS were an exceptional threat. No public health evidence exists to support this conclusion, yet the ban has kept HIV-positive scientists, activists, and other visitors from participating in important educational exchanges and networking opportunities with colleagues.

"Since 1993, the U.S. has declared people living with HIV/AIDS unwelcome, denying their intellectual, scientific and social contributions and limiting international dialogue on HIV prevention and treatment," said Mark Cloutier, the Foundation's Executive Director. "By restricting access, the U.S. has failed to show leadership in the global struggle against HIV/AIDS and fostered an environment inhospitable to human rights."

At the end of 2006, President Bush proposed modifying the restriction to allow short-term visitors a "categorical waiver." Even if implemented, the President's proposal would not affect HIV-positive individuals who are seeking permanent residence or non-tourist visas.

Currently, HIV/AIDS is the only condition classified as "a communicable disease of public health significance," which serves as the ban's legal basis. Representative Lee's bill would require the Department of Health and Human Services, in consultation with the Department of Homeland Security, to convene a panel of public health experts to review putting HIV/AIDS in that category. Given the lack of public health rationale, the San Francisco AIDS Foundation is convinced that the "HIV Nondiscrimination in Travel and Immigration Act" is a catalyst for eliminating the ban completely. We applaud Representative Lee for introducing the bill.