[Congressional Record (Bound Edition), Volume 155 (2009), Part 13]
[Senate]
[Pages 17799-17800]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     HIV TRAVEL AND IMMIGRATION BAN

  Mr. DURBIN. Mr. President, the Department of Health and Human 
Services has taken an important and overdue step toward ending our 
Nation's discriminatory ban on HIV-positive visitors and immigrants.
  On July 2, 2009, the Department of Health and Human Services 
published proposed regulations that would lift the HIV travel and 
immigration ban. This policy change would remove HIV from the list of 
``communicable diseases of public health significance.''
  While we all know that HIV infection is a serious health condition, 
it does not represent a communicable disease that is a significant 
threat for transmission and spread to the U.S. population through 
casual contact. Officially ending this long-standing ban will help 
remove the stigma and discrimination often associated with HIV.
  The United States is one of 12 countries in the world that ban HIV-
positive visitors, nonimmigrants and immigrants. It seems illogical 
that the United States, a country that is a leader in the fight against 
the global HIV/AIDS epidemic, should legally ban all non-Americans who 
are HIV-positive.

[[Page 17800]]

  The current travel and immigration ban prohibits HIV-positive foreign 
nationals from entering the United States unless they obtain a special 
waiver. This waiver is difficult to obtain and only allows for short-
term travel. Immigrants who want to become legal permanent residents by 
applying for a green card are subject to a medical exam. Many 
individuals who have been denied a green card because of their HIV 
status confront a dilemma--either they go home where they might not 
have access to effective treatment or violate American law by remaining 
in the United States.
  The ban undermines public health efforts by keeping researchers, 
advocates and experts from even entering the country. The current 
regulation stigmatizes and discriminates against people living with HIV 
and AIDS without justification and has serious consequences on 
individuals, families and our Nation. It separates loved ones, denies 
American businesses access to talented workers, and bars students and 
tourists from accessing opportunities and supporting our economy. Due 
to the ban, there have not been any international conferences on HIV/
AIDS in the United States since 1990.
  The ban originated in 1987, and was explicitly codified by Congress 
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 excludes foreigners with any ``communicable 
disease of public health significance'' from entering the U.S., only 
HIV was ever explicitly singled out in the Immigration and Nationality 
Act. For all other communicable diseases, the Secretary of Health and 
Human Services determines whether a particular disease is of public 
health significance and should therefore constitute a ground for 
excluding noncitizens from entering or immigrating to the United 
States.
  Last year, I strongly supported the Tom Lantos and Henry Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
Reauthorization Act of 2008, which Congress passed and the President 
signed into law. Included was a provision that removed the language 
from the Immigration and Nationality Act mandating that HIV be on the 
list of diseases that bar entry to the United States. This provision 
returned regulatory authority to the Secretary of Health and Human 
Services to determine whether HIV should remain on a list of 
communicable diseases that bar foreign nationals from entering the 
United States.
  By proposing this regulation the administration is making a clear 
statement that the United States does not discriminate against people 
with HIV and does not endorse misconceptions of the past. I look 
forward to seeing the proposed regulation finalized in the coming 
months.

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