After much anticipation (and a false start earlier this week when an incorrect version of the regulations were released), the proposed regulations lifting the HIV travel and immigration ban were published in the Federal Register this morning. The due date for comments is 45 days from today, meaning August 17, 2009.

After the comment period ends, HHS will review the comments and then issue final regulations which will end the ban once and for all. Please take a moment to sign our petition and add your voice to the call to end this era of discrimination and stigma once and for all.

Immigration Equality’s executive director, Rachel B. Tiven, spoke with Voice of America radio this morning about repeal of the HIV travel and immigration ban.  Excerpts are below.  To listen to the full inteview, visit Voice of America online.

Executive Director Rachel B. Tiven of New York-based Immigration Equality says that yesterday’s action was a positive development, and that the ban, which has until now continued to classify HIV as a communicable disease that warrants exclusion from US life, is expected to be fully lifted by December.

“This is the penultimate step, but it is not the end of the road. Until the 45-day notice and comment period is concluded, and until after that, the new regulation is finally published, it will not take effect. We expect, and we hope, and we will be monitoring the implementation of the final regulation, which we hope will happen before the end of the year,” she said.

Tiven, who heads a national rights organization that advocates for equal treatment of immigrants and also gay and lesbian couples seeking to keep their families together in the United States, explains that the repeal of the HIV ban, which is the only disease ever singled out legislatively for immigration quarantine in America, has taken a year or more to implement because of standard administrative procedures followed by the US government.

“It’s standard procedure that all federal regulations have to go through, and it’s a multi-step process, and by releasing the text of the new regulations, and putting them up for what’s called Notice and Comment (a procedure that is the usual course for all new proposed regulations), the end of the HIV ban is really coming to the last big hurdle in a multi-step process,” she noted.

Tiven calls the ban “an anachronistic exclusion that was not based on good science. It was based on fear and misinformation about HIV and AIDS.”

Check out Immigration Equality’s new HuffingtonPost blog, “A Penultimate Step in the Fight to End the HIV Travel Ban” by clicking here.

This morning’s Newsday looks at the administration’s move to end the HIV travel and immigration ban, and features insights from Immigration Equality’s executive director, Rachel B. Tiven.

From this morning’s story:

The federal government moved one step closer to officially ending its long-standing ban on HIV-positive individuals visiting or moving to the United States, a move hailed by gay rights and AIDS advocates Monday.

The Department of Health and Human Services will issue proposed regulations this week that would remove HIV from the list of “communicable diseases of public health significance” that prevent foreign nationals from entering the country.

“This is the penultimate step,” said Rachel B. Tiven, executive director of Immigration Equality in Washington, D.C. “These regulations are a long time coming. There hasn’t been a major HIV scientific conference in the U.S. in decades because of this ban.”

A 45-day comment period begins this week before a final review and implementation of the new regulations.

David Kilmnick of Long Island Gay and Lesbian Youth said, “It’s about time we become a little more forward-thinking on those living with HIV.”

Last year President George W. Bush signed into a law a bill that removed a statutory ban on foreign visitors and immigrants infected with HIV. But advocates were worried the U.S. Department of Health and Human Services would not remove HIV from its list of “communicable diseases of public health significance” that affect immigration policy. HIV was added to the list - which includes tuberculosis, leprosy and gonorrhea - in 1987.

Aaron Glatt, president of New Island Hospital and a spokesman for the Infectious Disease Society of America, said HIV is clearly not as contagious as tuberculosis. “A person who doesn’t engage in risky behavior is not going to be at risk,” said Glatt. But he said though the policy makes sense from a compassion point of view, it could lead to financial burdens if patients come to this country for care. “One needs to make sure that the communities that are going to be serving these patients aren’t adversely affected from an economic point of view,” he said.

To read full coverage from Newsday, click here.  And also check out recent press coverage about the HIV ban from The Advocate and The Washington Blade.

The Department of Health and Human Services (HHS) has issued proposed regulations to end the long-standing ban on travel and immigration to the United States by HIV-positive individuals.  The regulations, which are expected to be implemented following a 45-day public comment period, would remove HIV from the list of “communicable diseases of public health significance.”  Under current law, HIV-positive tourists and business travelers cannot enter the U.S. even for one day, and people with HIV who are living in the U.S. cannot stay.

“These proposed regulations are the penultimate step toward ending the HIV ban once and for all,” said Victoria Neilson, legal director for Immigration Equality.  “In doing so, our country is also making great progress towards implementing a fair and sensible HIV immigration policy.  Ending the HIV travel and immigration ban removes a federally-sanctioned stigma and sends a strong, clear message that the United States is working to end discrimination against people living with HIV.”

Immigration Equality noted that it is urging HHS to quickly adopt and implement the regulations and officially end the ban once and for all.  The organization worked closely with Senator John Kerry (D-MA), Congresswoman Barbara Lee (D-CA) and former Senator Gordon Smith (R-OR) in 2008 to repeal the ban.  Today, the lawmakers joined the organization in praising the new regulations.

“Today we are one step closer to ending a discriminatory practice that stigmatizes those living with HIV, squanders our moral authority, and sets us back in the fight against AIDS,” said Senator Kerry. “By proposing this rule, the Obama administration has made a powerful statement in favor of overturning the HIV travel and immigration ban that has no foundation in public health or common sense. There is no reason for this policy to remain on the books. I sincerely hope we can continue to work in a bi-partisan manner with the help of the public health, religious, LGBT and immigration groups to make this proposed rule final as soon as possible.”

Congresswoman Lee also applauded the regulations, noting that, “For more than 15 years, HIV was the only disease singled out for exclusion from the United States by an act of Congress.  The HIV ban has undermined U.S. efforts to fight the HIV pandemic and has taken a toll on families and businesses both here and abroad.”

“The Obama Administration’s proposed rule to repeal the travel ban is a positive step toward finally ending this unjust and discriminatory policy,” Congresswoman Lee said. “I am proud to have played a crucial role in leading the effort to end this outdated travel ban.”

If adopted following the comment period, the regulations will then require implementation.  The final timeline for that action remains to be determined.  Nonetheless, Neilson noted, the ban is closer than ever to its final repeal.

“The end of the HIV ban is now in sight,” Neilson said.  “After nearly two decades, there is real, palpable hope for those who have been waiting so long for this change.”

The Federal Regulations website has just been updated to indicate that the Department of Health and Human Services (HHS) regulations on the HIV travel and immigration ban have “cleared” the Office of Management and Budget (”OMB”). This is very welcome news. We anticipate having more information early next week, and will be posting again when the regulations have been released and Immigration Equality has had an opportunity to review those. While this development is a significant step forward, it is important that we ensure the regulations get the job done, once and for all . . . and we’ll be reviewing them to make sure that is the case.

As most of you know, last year Congress passed a bill which removed the ban on travel and immigration for HIV-positive foreign nationals from the Immigration and Nationality Act. However, fully removing the ban has required a two step process – first amending the statute and second HHS has to issue regulations removing HIV from its list of communicable diseases of public health significance.

Before HHS can publish its proposed regulations, they have to “clear” OMB. The fact that this has happened means that, finally, we can expect to see the regulations published in the Federal Register any day. Stay tuned here, and, if you haven’t done so already, sign up for our email newsletter and we’ll let you know what the proposed regulations say as soon as they’re published.

We’ve still got a couple of more hurdles to clear, but the finish line is in sight. Check back here early next week for more updates.

This guest post is by Ente Breed, a Dutch citizen who is spending the summer volunteering in Immigration Equality’s New York headquarters.

Immigration Equality’s cause to keep binational lesbian and gay couples together keeps gaining support. At a news conference held at the New York University today, the focus was on same-sex couples from the United States and the Netherlands.

Carolien Gehrels, deputy mayor of Amsterdam - the capital of the Netherlands - announced that five gay and lesbian binational American-Dutch couples will get married in Amsterdam by Mayor Job Cohen at the city’s Pride festival in August.

Immigration Equality is excited to congratulate them. We know they will have a great future ahead of them in the Netherlands, but at the same time we realize that they would face many obstacles here in the United States.  These couples have made the painful decision, dictated by U.S. immigration law, to leave the life, family and friends of their American halves behind. Their relationship, even before marriage, is recognized all over Europe, in Australia, Canada, Israel and South America.  But the United States of America refuse to grant equal rights to the foreign partners of thousands of its citizens and, therefore, forces these Americans to pack their bags.

Dr. Boris Dittrich underlined the importance of equal immigration rights at today’s event.  As advocacy director for the LGBT Rights Program of Human Right Watch and a former Dutch parliamentarian, he understands that it is crucial for the United States to end anti-LGBT discrimination in immigration law. 

I am a Dutch citizen myself and would love nothing more then to build a future with my American partner in the country he loves so dearly. But we both know that until the United States Congress approves a comprehensive immigration reform that includes all families, my partner is forced to choose between our family and the country he loves.

Looking for an opportunity to support Immigration Equality’s work on behalf of the LGBT community and share stories about how Immigration Equality has helped you and your family? 

GreatNonProfits.org, Queerty and GuideStar are teaming up to compile a list of the best LGBT non-profit organizations, and they want you to submit review of your favorite organizations.  Then, the LGBT non-profit that receives the most positive reviews by the June 30th deadline will be announced as the winner of the Pride Choice Awards 2009!

All you have to do to show your support for Immigration Equality is visit the Pride Choice 2009 website, and write a brief, anonymous review.  Anyone can weigh in on our behalf, and those who do will also be entered into a prize give-away, too!

To get started, just click here.

On Monday, the Uniting American Families Act (H.R.1024) reached 111 cosponsors in the House (112 including our lead sponsor, Jerrold Nadler (NY-8))! Mike Quigley (IL-5) and Diane Watson (CA-33) joined on Monday to bump us up to our current auspicious number. And we have an all-time high of 20 cosponsors in the Senate, including our lead sponsor, Senator Leahy (VT).

Support continues to build for the Reuniting Families Act (RFA, H.R. 2709) as well. In the two weeks since Congressman Honda (CA-15) introduced this omnibus family reunification bill, which includes UAFA, 60 Representatives have jumped on as cosponsors. In addition to growing support from members of congress, 63 faith, immigration, civil rights, and LGBT organizations have officially endorsed the RFA.

Our lead sponsors are advocating using momentum of these bills to ensure inclusion of LGBT families in Comprehensive Immigration Reform (CIR). They promise to defend our inclusion. In a press conference about the bill, Rep. Honda explained, “We want to insert this piece in such a way that it will be unable to be extracted or compromised away.” Senator Leahy said at the June 3 UAFA hearing, “In my view, no effort we make can be considered comprehensive without providing gay and lesbian Americans with immigration benefits equal to those enjoyed by heterosexual citizens.” Rep. Nadler reiterated, “When Congress considers, I hope later this session, a comprehensive immigration bill, this bill [UAFA] should certainly be made part of it.  I will do my best to make sure that this is the case on the House side.”

Rest assured, we will have devoted advocates at the table when CIR is written.

Today’s Bay Area Reporter includes an article by journalist Bob Roehr about efforts to include LGBT families in larger immigration reform efforts, noting that support is growing in Congress for the inclusion of lesbian and gay couples in comprehensive immigration reform.

Reporting on last week’s media call (convenved by Immigration Equality) with Congressman Jerrold Nadler (D-NY) and Congressman Mike Honda (D-CA), Roehr notes that achieving equality for lesbian and gay binational couples “will likely be tied to broader immigration reform,” adding that, “Nadler has heard that the administration prefers that the LGBT issues be part of the total reform package.”

Indeed, the White House has indicated its support for ending discriminatory, anti-LGBT immigration policies as part of the comprehensive reform package he has promised to begin addressing later this year.  In a statement released this Spring, a spokesperson for President Obama noted that, “The President thinks Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country.  We will work closely with Congress to craft comprehensive immigration reform legislation.”

Ending such discrimination in the current immigration system has widespread benefits, Roehr notes in this morning’s article.  Doing so, Roehr writes, would “lower the burden for social and government services,” adding that “reuniting these families will help to reduce the $46 billion that is remitted just to Latin America each year.”

“It is essential to solve the problem of the fundamental unfairness for gay and lesbian families,” Nadler told Roehr, calling  “the current policy ‘gratuitous cruelty’ because it serves no purpose for the United States.”

Congressman Honda joined Nadler in reiterating his strong support for keeping LGBT families in immigration reform as it moves forward, noting that his proposal has been “inserted in such a way as to be impossible to extract, give up, or compromise away.” 

To read the full coverage in today’s Bay Area Reporter, click here.