HIV Ban Lifted After 22 Years — Still More Work To Be Done

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On November 5, 2009, HIV Law Project honored client advocates and pro bono counsel at its 20th Anniversary Benefit in New York City. During the many heartfelt speeches, award acceptances, and congratulations, one moment in particular “brought the house down.” During Staff Attorney Cristina Velez's introduction to honorees Dr. Heidemarie Kremer and Weil, Gotshal & Manges, she announced that "This week, after 22 years of discriminatory treatment of visitors and immigrants living with HIV/AIDS, the federal government published the final rule to remove HIV from the definition of communicable diseases of public health significance." Before she could finish her sentence, however, roars of applause and cheers erupted from the assembled audience.

The reason for their excitement is clear. 22 years of mandatory HIV testing for immigrants and travelers, onerous financial and medical criteria, and lack of training and sensitivity on the part of consular and other immigration officials has ended, as a result of countless hours of advocacy on the part of dozens of groups and hundreds if not thousands of individuals. However, much work remains to be done. HIV Law Project still sees many clients who have no access to immigration benefits despite this new regulation, and despite the inadequate HIV/AIDS treatment and stigma and discrimination they would face in their home countries on account of their HIV status.

In addition, there are many HIV positive immigrants whose cases were denied because of the outdated and discriminatory HIV ban, who are now ineligible for immigration benefits – and in some cases medical care – as a result. These are the victims of the HIV ban for whom the damage will not be alleviated without further advocacy. For these clients, the lifting of the HIV ban is the first step in developing a comprehensive immigration reform package that is responsive to the needs of immigrants living with HIV/AIDS, and does not needlessly penalize them for seeking a better world for themselves and their families.

Related Resouces

HIV Law Project Joins Thousands of Voices to Urge Lifting of the HIV Travel Ban
We applaud the Department of Health and Human Services (HHS) for proposing this regulation, for it is time to realize the national consensus in favor of removing HIV as a bar to entry to the United States.