Immigration Equality Continues Pushing for a Full Repeal of the HIV Ban
When the President’s Emergency Plan for AIDS Relief (Pepfar) passed Congress and was signed by President Bush last summer, the first (and more difficult) step of the two step process to remove the HIV ban on travel and immigration was taken. The ban remains in effect, however, until the Department of Health and Human Services (HHS) changes its list of “communicable diseases of public health significance” to remove HIV once and for all.
We had high hopes that HHS would issue regulations to remove HIV from its list during the Bush administration, but it didn’t happen. As a presidential candidate, Barack Obama voiced his support for lifting the HIV ban.
We want the Obama Administration to know that the many organizations and advocates who have been working tirelessly on this issue, will not quit until we’ve secured full equality for non-citizens living with HIV. On February 12, 2008, Immigration Equality mailed President Obama a letter which over 150 organizations signed onto, calling for a full repeal of the ban. As soon as we get a response, we will share it here.
Thank you for continuing to push them.
It’s unbelievable that they are dragging this for so long. I worry that they are not going to repeal this outdated and discriminatory ban. How can we tell the world that our country treasures human rights and treats everyone fairly? It saddens me.
Comment by Simon — February 17, 2009 @ 5:50 pm
What a great step. We never stop to fight for every equality for LGBT cause we are of no different to straight people. Why we are all under such an unfair policy???
Comment by Kim — February 17, 2009 @ 6:49 pm
We all need to keep pushing the new admistration until this absurd ban is lifted once and for all. We are so close to have it done, and the new HHS director should know that we will not give up until HIV is eliminated from the public health significance list.
Comment by MNeto — February 17, 2009 @ 8:24 pm
I keep my fingers crossed until this ban is removed for Immigration and Travel. It is so out dated, unfair, etc. People living with HIV can not give it to other people by just sitting next to them in an airplane.
Comment by Stefan de Nood — February 18, 2009 @ 9:37 pm
No one should get punished because of their HIV+. HHS must remove HIV of the list once and for all.
Comment by Queen — February 19, 2009 @ 3:48 pm
Thanks for continuing to work on this project, it is unfair that in this country where human rights advocates both still discriminate a person for being HIV positive, when it has clearly demonstrated the ways of transmission of this disease.
Comment by Aaron — February 23, 2009 @ 1:33 am
If this is just repealing the ban from short-term travel to US, it is not a great improvement of human rights. It’s fundamental. The full repeal must include allowing immigration into US. That will truly be a meaningful repeal.
Comment by Will — February 23, 2009 @ 8:12 pm
The ban treats us – people living with HIV as criminals. When it was discovered (while crossing US-Canada border) that I was HIV+, I was finger printed, mug shot was taken of me and I was turned away from the border like an outcast. I will cherish the moment when this unhuman ban is gone. Hope you work will bring a desired result.
Comment by Mark — February 23, 2009 @ 10:55 pm
It’s unsettling that the Obama administration has been so silent on this issue. VP Joe Biden helped move the initial repeal through congress last July, along with Sen. John Kerry. Where are their voices now? Perhaps those who truly care about human rights and non-discrimination against LGBT and HIV+ people should organize a global travel boycott of the US until this heinous ban is removed completely. Maybe if we spend our billions of travel & tourism dollars elsewhere the govt. will pay attention and finally do something. I also think the media could work harder to make the public more aware of this issue, many people (including LGBT people) are not even aware this discriminatory ban is in place.
Comment by Edwin — February 26, 2009 @ 10:37 am
As a German, living with HIV, I hope very much that this stupid ban will be lifted soon. I have many friends in the US, which I have not seen for years. So it would be great, to be able to travel again to the US without any fear of rejection and discrimination.
http://www.hiv-facts.net
http://www.posithive-kontakte.net
http://www.hiv-fortbildung.net
Comment by Holger Pfister — March 2, 2009 @ 4:45 am
It seems that the revised regulation that eliminates HIV from the list of conditions that ban people from entering the USA is sitting at the OMB office since last December. There has been some rumors that HHS is waiting for the appointment of the new director to move this issue on. We cannot afford this delay. There are competent people at both OMB and HHS that can lead this issue to a closure soon – the complete elimination of the HIV ban once and for all.
Comment by MNeto — March 2, 2009 @ 6:19 pm
A memo circulated by Obama’s chief of staff essentially stopped all proposed regulations from all executive agencies which had been issued from the previous administration.
The proposed rule was withdrawn from OMB. Note that this does not say anything about the current administration’s stance on the issue – halting all regulatory action from executive agencies is a very common action of an incoming administration. Now that a new secretary of HHS has been selected, watch the OMB for the proposed rule to be resubmitted.
http://www.reginfo.gov/public/do/eoPackageMain
Comment by Anonymous — March 2, 2009 @ 11:05 pm
This is mind bordering. Why would Obama’s staff withdrew that. Does it mean that they are going to change or cancel the repeal. We must keep demanding them to pass the law. It’s been over 7 months.
Comment by Terry — March 8, 2009 @ 7:00 am
It’s been a month. Anything?
I heard that letters mailed to them will take a long time to reach them (for security reasons). Should we fax to them or hand it to his staff as a group??
Comment by Nick — March 11, 2009 @ 4:05 pm
What should we LGBT community do to achieve our goal, fully lifting the ban? What is the update status now? Would appreciate the advice from Immigration Equality.
Comment by Kim — March 11, 2009 @ 5:26 pm
The letter to Barack Obama is dated Feb 11, 2009 a was probably sent on Feb 12, 2009, not 2008.
Comment by HIVan — March 12, 2009 @ 3:43 am
The question for the Czech EU Presidency presented during the online interview on March 13, 2009 with Mr Mirek Topolanek, the Czech Prime Minister:
Question:
In summer 2008 the U.S. President´s Emergency Plan for AIDS Relief (Pepfar) passed the Congress and was signed by George W Bush. The plan promised to remove the ban of non-U.S. citizens living with HIV to travel to the U.S. The ban however remains in effect because the Bush administration failed to implement the plan. The Europeans living with HIV are still not allowed to travel to the U.S. under the same conditions as other citizens of the EU. The U.S citizens on the other hand are free to travel to any EU member state regardless of their HIV status. As a presidential candidate, Barack Obama voiced his support for lifting the HIV ban.
Does the Czech Presidency intend to remind President Obama about this open issue during his forthcoming visit to Prague?
Answer:
responded to, 13. 3. 2009, 10:02
For me, the most important thing is that despite opposition from certain old Member States the US visa waiver programme has been extended to the Czech Republic. I don’t think that anybody is discriminated against vis-à-vis the USA since this rule holds true for all. As for us, we respect the rules set by the US Administration for granting visa-free travel. There are only two options here – either the EU introduces the same rules reciprocally or this topic will be negotiated within the context of talks about a new visa regime for the EU. I believe that the new European Commission, that will be formed after the elections to the European Parliament, can take up this issue, raised by the EP, and start negotiating with the USA.
See: vlada.cz/scripts/modules/advice/questionlist.php?id=33&locale=en
Comment by HIVan — March 13, 2009 @ 5:03 am
Seems that no one cares about this issue any more.
A bill passed but unfulfilled….
Comment by Simon — March 21, 2009 @ 10:03 am
the so-called economy in ‘depression’ among other things is masking this issue of human rights violation. hard to think anything will be done in a year. maybe in the next three years if obama is not too “busy” or if they haven’t conveniently “forgotten”
Comment by jen howard — March 24, 2009 @ 4:07 pm
Very bothersome!!
And no one is following this.
A bill passed 8 months ago and never moved forward.
What is going on??
Comment by Shawn — March 25, 2009 @ 7:51 pm