Just Say No – to the HIV Ban
In Korea recently, a foreign English language teacher avoided being tested for HIV under that country’s immigration laws – simply by refusing to comply with their requirements. After being in the country for three years she felt that there was no reason for the government to begin to question her health status. Rather than submit HIV test results, she handed the government official a letter which stated, `Unfortunately, I will not be submitting the HIV/ AIDS test results or the tuberculosis drug test results that you have requested. These tests unreasonably discriminate against me as a foreigner living in Korea and are a violation of my human rights.” The immigration official then renewed her visa.
Could this approach work in the United States? Probably not, unless every individual required to take an HIV test for immigration purposes refused to do so. While this article points out a novel approach to civil disobedience, it also highlights the fact that the U.S. continues to be among a small minority of countries with HIV-based restrictions for non-immigrants.
Eight months have passed since the statutory HIV ban was lifted. It’s time for the Department of Health and Human Services to issue regulations lifting the HIV ban on travel and immigration once and for all.
Being a foreigner in the USA, I do know that the same approach will not work at all in this country. DHS will simply outright deny the visa in this case. We should not loose focus. There is just one way to end the ban one and for all – put pressure on the administration, specially the new HHS director Mrs.Sibellius to issue the new regulation eliminating HIV from the list of communicable desieses of public health significance. The delay in issue the new regulation from the time the related bill was passed last summer is just not acceptable.
Comment by MNeto — March 30, 2009 @ 12:33 pm
Could IE update what’s going on with HHS on lifting the HIV ban completely? It’s not right for U.S. maintain the same policy to HIV positive foreigners. What are we going to do on this?
Comment by Kim — March 30, 2009 @ 4:26 pm
Hi everyone,
Let’s make sure that the HHS will carry out the bill passed 8 months ago.
Let’s write to them, the senators, representatives, and the president. We must go after them. If they don’t keep their promises, how can we be sure that they will continue to fight for us.
I have just sent an email to Senator Kerry. Feel free to cut and paste.
Dear Senator Kerry:
Please allow me to salute to your great success on passing the bill that will end the statutory HIV travel and immigration ban that was attached to PEPFAR legislation last July. That’s a major testament of what this country is about and heading to.
However, after 8 months, the ban is still effective. We are eager to see such unjust and discriminative ban erased, but we learned that President Obama has withdrawn it from the OMB early this year.
I am very concern about this change of direction, and hope that you will carry on going after the administration to ensure that HHS will finally repeal the ban as soon as possible.
Thank you for your work and kind attention.
Yours sincerely,
Comment by Simon — March 30, 2009 @ 4:35 pm
Unfortunately, this administration has made no steps to bring equality to the LGBT community! The HIV ban is just another example, delaying DADT is another, and having Rev. Warren speak at the inauguration is still yet another example. I must say, after sending our new President donations and blogging on his behalf during the election, I am very disappointed! I was very concerned early on with all his ties to religious leaders and so far my worst fears of nothing happening are bearing fruit. Many will say he should be given a pass due to the state of the economy, but the fact is the LGBT has been waiting for discrimination to end for a very long time! Until the LGBT community starts demanding our equal rights through non-stop peaceful protesting in the streets, no change will come us. We must make the change happen and no one seems interested in fighting for our rights within our own community. Rights are won by fighting for them not handed on a silver platter! If our issues are not in the mainstream media every day, we do not exist!
Comment by Allen — March 31, 2009 @ 6:58 am