Legislation was introduced Friday that would repeal provisions in the Immigration and Nationality Act that bar HIV-positive people from entering the United States, senators John Kerry of Massachusetts and Gordon Smith of Oregon announced. The provisions include HIV-positive doctors and experts as well as people seeking asylum in the U.S.
“It’s incredible that the federal government still tolerates a ban that not only restricts AIDS experts with the disease but also refugees who are seeking asylum in our country,” Kerry said in the statement. “My legislation will end this draconian law. The attempts to fix this law through a complex waiver system, while admirable, still don’t do anything to rectify the discriminatory underlying problem. That is why I have introduced this legislation to permanently strike this unfair provision from the books.”
The INA has treated HIV as a grounds to deny immigrants U.S. citizenship since 1993. The proposed bill by Smith, a Republican, and Kerry, a Democrat, would strike HIV restrictions from the INA and ask for a full review of the public health aspects of travel and immigration restrictions against those with HIV, the statement said.
Because of the restrictions, international HIV/AIDS conferences have been blocked from taking place in the United States. According to the statement, the U.S. is one of only 13 countries that have an HIV travel ban, along with China, Iraq, Libya, and Sudan.
The measure includes 12 requirements of HIV-positive visitors and immigrants coming to the U.S., including the disclosure of one's HIV status to officials in the individual’s home country; certification that the person has the medication necessary for the duration of their stay in the U.S.; certification that no symptoms are being exhibited; and a commitment to avoid all high-risk behavior while in the U.S. (The Advocate)
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