http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/03/24/MNOCVP3C6.DTL
Despite contributing billions to the international battle against AIDS, the United States remains one of only 13 nations - including Iraq, Qatar and Armenia - to ban HIV-positive foreign visitors and immigrants.
Public health officials and advocates are calling on the U.S. government to lift the long-standing travel ban for foreigners with HIV, calling it draconian and politically motivated.
Congress appears to be listening. The Senate is expected to debate the ban this month as part of President Bush’s popular, global AIDS relief package.
The United States has faced harsh criticism internationally for having one of the most restrictive immigration policies for HIV-positive foreigners, particularly in comparison with other Western nations. Under U.S. law, foreigners with HIV are not permitted to immigrate to the United States, or even visit temporarily, unless they qualify for narrowly defined waivers.
The Senate Foreign Relations Committee passed an amendment this month to the $50 billion AIDS funding bill that would mark the first step toward lifting the ban, which dates to 1987. Rep. Barbara Lee, D-Oakland, has sponsored a House version of the amendment.
Some public health and human rights advocates said the ban’s repeal is overdue.
“There is no scientific basis whatsoever for the travel ban, and there never has been,” said Dr. Mark Kline, head of retrovirology at the Baylor College of Medicine in Houston and director of the school’s AIDS International Training and Research Program. “It was a political decision.”
The ban has damaged the country’s reputation, critics say. It prompted a boycott by prominent AIDS advocacy and research groups, which have not held a major international conference in the United States since the early 1990s.
“It’s kind of embarrassing when we’re one of only 13 countries in the world that doesn’t allow visitors to come who are HIV-positive,” said John Nechman, a Houston immigration lawyer who specializes in immigration cases involving HIV-positive clients. “And we’re talking about Sudan, Iraq, Saudi Arabia - some pretty despotic areas of the world.”
Under federal law, the U.S. secretary of Health and Human Services has the discretion to determine what constitutes a “communicable diseases of public health significance” that would bar a noncitizen from entering the United States. The federal health agency now lists eight diseases - including HIV, tuberculosis, leprosy and gonorrhea - as basis for denying admission as a tourist or immigrant.
The federal health agency added HIV/AIDS to the list in 1987, prompting backlash from the international AIDS community. In 1991, health agency officials proposed lifting the ban on people with HIV and other sexually transmitted diseases, which led to protests by conservatives.
In 1993, Congress took discretion over AIDS admissions away from health agency officials, passing legislation that specifically banned people with HIV under the Immigration and Nationality Act.
According to U.S. State Department statistics, 938 immigration applicants were denied admission to the United States in 2007 because they had a communicable disease. However, of those applicants, 478 were later allowed entry after receiving waivers from the federal government. State Department spokesman Steven Royster said there was no breakdown of applicants’ diseases available.
The United States does not require HIV tests for all foreign visitors - only for people planning to immigrate permanently. However, short-term visitors are asked in the visa application process if they have a communicable disease.
Martin Rooney, a 47-year-old HIV-positive activist from Surrey, British Columbia, was turned away Nov. 17 at the Peace Arch port of entry on the northern border with Canada. At the port, a U.S. Customs and Border Protection inspector saw Rooney’s Canadian medical disability card, he said, leading to questions about his HIV status.
Rooney said he was detained, fingerprinted and checked against an FBI database before being told to return to Canada and apply for an HIV waiver. He has not been back to the United States since.
“This has been a major, major inconvenience,” he said. “I absolutely cannot do a damn thing in the U.S. now.”
Helen Kennedy, executive director of Egale Canada, which advocates for gay, lesbian, bisexual and transgender Canadians, said the HIV travel ban is harmful.
“I know of a lot of people who have been turned away because they are HIV-positive,” she said. “It encourages us to go further in the closet. It makes people lie on their forms, and that is not something we want to do. I think it’s time - beyond time, actually, to have the ban lifted.
Bans on HIV travelers
The United States is one of 13 countries with a law that bans travel and immigration for people with HIV. The others:
– Armenia
– Brunei
– China (although the country has proposed lifting its ban)
– Iraq
– Qatar
– South Korea
– Libya
– Moldova
– Oman
– Russian Federation
– Saudi Arabia
– Sudan
Source: Houston Chronicle