The Next Step in the HIV Travel Ban Repeal

Thursday July 2, 2009

The next step to repeal the HIV travel and immigration ban is underway. The proposed rule to remove HIV from the definition of communicable disease has been published. The proposed regulation states:

"While HIV infection is a serious health condition, it does not represent a communicable disease that is a significant threat for introduction, transmission, and spread to the U.S. population through casual contact. As a result of these proposed regulatory changes, aliens would no longer be inadmissible into the United States based solely on the grounds they are infected with HIV and they would no longer undergo HIV testing as part of the routine medical examination."

The complete notice is published in the Federal Register and is available for public comment on or before August 17, 2009.

The HIV travel and immigration ban prevents HIV-positive individuals from entering the U.S. (special waivers are available but difficult to obtain) or from becoming permanent residents. Last summer, the Senate voted in favor of repealing the 20-year policy. Before the ban can be lifted, HIV must be removed from the HHS definition of communicable diseases. This has been a long, slow process.

To implement the ban, there are a series of steps that must be followed. All federal regulations must go through a Notice and Comment period where the proposed regulations are made available for public comment. After this 45-day comment period, HHS reviews the comments and then the new regulation can be published. At that point, the repeal will take effect.

If you would like to do more to support the end of the HIV Ban, please consider signing the petition from Immigration Equality.