PHA-Exch> Homeland security seeks to further restrict travel by HIV positive passengers

[Claudio Schuftan]

From: Brian Pazvakavambwa PazvakavambwaB at zw.afro.who.int
 afro-nets at healthnet.org

Homeland security seeks to further restrict travel by HIV positive
passengers

Miami Herald (USA)
15/11/2007

Immigration Equality:

The Department of Homeland Security (DHS) issued proposed regulations which
purport to offer a "streamlined," "categorical" waiver for HIV-positive
visitors from other countries.  Under current immigration law, any foreign
national who tests positive for HIV is "inadmissible," meaning he is barred
from permanent residence and even short term travel in the United
States.  There are waivers available to this rule, but obtaining them has
always been difficult.

On World AIDS Day last year, President Bush announced his intention to
create a streamlined process for foreign travelers with HIV to enter the
United States more easily.  Currently the United States is one of only 13
countries in the world, including Iraq, Saudi Arabia, and Sudan, which ban
travel for individuals who are HIV-positive.  Now, almost a year later, DHS
has proposed regulations which would make it even harder to get a short-term
waiver.

"Unfortunately, despite using the terms 'streamlined' and 'categorical,' in
reality these regulations are neither," said Victoria Neilson, Legal
Director of Immigration Equality.  Under the new rules, a visitor would need
to travel with all the medication he would need during his stay in the U.S.,
prove that he has medical insurance that is accepted in the U.S. and would
cover any medical contingency, and prove that he won't engage in behavior
that might put the American public at risk.  The maximum term of the waiver
would be 30 days.

"More than two decades into this epidemic, the United States continues to
stigmatize people with HIV and treat this illness unlike any other virus,"
Neilson continued.  "Creating insurmountable hurdles to travel does nothing
to protect the American public from HIV."

The new regulations purport to speed up the waiver application process
because consular officers would be empowered to make decisions on waiver
applications without seeking DHS sign off.  However, by using this
"streamlined" application process, waiver applicants would have to agree to
give up the ability to apply for any change in status while in the U.S.,
including applying for legal permanent residence.

"As written, the rule could leave individuals with HIV who obtain asylum in
the U.S. in a permanent limbo; forever barred from obtaining legal permanent
residence, and therefore cut-off from services, benefits, and employment
opportunities," said Nancy Ordover, Assistant Director of Research and
Federal Affairs for Gay Men's Health Crisis.  "It seems very disingenuous
that the government is claiming to make things easier for people with HIV,
but it's really compelling them to forfeit their rights."

There is a 30 day comment period ending December 6, 2007 before DHS will
issue a final rule.

Immigration Equality is a national organization that works to end
discrimination in U.S. immigration law, to reduce the negative impact of
that law on the lives of lesbian, gay, bisexual, transgender and
HIV-positive people, and to help obtain asylum for those persecuted in their
home country based on their sexual orientation, transgender identity or
HIV-status.
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