Pressure Senators to Ask HHS Nominee Kathleen Sebelius about the HIV Ban
As most of you know, last summer Congress completed step one in a two step process to remove the HIV ban on travel and immigration by removing the ban from the language of the Immigration and Nationality Act. To fully remove the ban, however, the Department of Health and Human Services (HHS) must issue regulations which remove HIV from its list of “communicable diseases of public health significance.”
Physicians for Human Rights has set up an action page asking Senator Senator Barbara Mikulski and Senator Bernie Sanders to make sure that Sebelius will make lifting the HIV immigration ban a priority if she is confirmed. Please take a minute to visit the PHR page and call these Senators.
Please write the senators on the committee today! Kathleen Sebelius’ confirmation hearings are underway today. Please urge the senators to complete the task they all supported last summer to eliminate this draconian law once and for all.
Comment by David NYC — March 31, 2009 @ 10:02 am
End this preducicail draconian practice. It is an embarrassment to the United States. For a country promoting freedon, how can this hypocritial npractice continue. Wake up!
Comment by Lee Pendergraft — March 31, 2009 @ 12:51 pm
Hi everyone,
Let’s make sure that the HHS implements the bill that passed 8 months ago. It has taken too long. The bill is one major discriminatory act. Let’s write to, or call the new Secretary of HHS, the senators, house representatives, and the president. We must go after them. If they don’t keep their promises, how can we even expect them to pass legislation such as UAFA.
I have sent an email to Senator Kerry. Feel free to modify and recycle it.
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 We are eager to see such unjust and discriminative ban erased, but we learned that President Obama has withdrawn it from the OMB early this year.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 31, 2009 @ 3:01 pm
Hey guys, other than UAFA, it’s time to work together on lifing HIV ban too. We have to win this simple step. It’s possible to completely remove the ban this year if we keep writing to the senates and Kathleen Sebelius
Comment by Kim — March 31, 2009 @ 4:30 pm
Wow, so few people are supporting this, comparing to the other blogs below that have over a hundred comments.
If we, of the same community, don’t even care about this, why would others care. This is exactly the same way how we are ignored by the “non-bi-national gay couples”, the media, the others,…
Comment by Mike — March 31, 2009 @ 5:27 pm
If we can get the same reaction for this cause as we’re trying for the UAFA, we all need to hold hands because out there in the world it doesn’t matter if you’re Gay, Lesbian, Bi, Transgender, or Hiv. what rights do we have unless we ALL fight for them as ONE!
Comment by kev uk — April 1, 2009 @ 8:42 am
Concentrating the supporting effort in just one isse such as UAFA is short sighted to say the least. If UAFA is approved, with the HIV ban still in place, many bi-national couples would still be forced to stay separated, since the ban would prevent the HIV+ partner to enter/immigrate to the USA.
WE ALL SHALL support lifting the ban once and for all in the near future. The momentum is already right here right now.
Contact your senators, and more specifically, the head of HHS (Health and Human Services) Kathleen Sebelius demanding that HHS/CDC revise their regulation eliminating HIV from the list of communicable disease of public health significance.
The regulation to be revised is:
“Department of Health and Human Services
Center fo Disease Control and Prevention
Docket No. CDC-2008-0002
RIN 0920-AA20
Medical Examinations of Aliens – Provisions to Medical Screening Process”
This document can be easily found on the internet.
Comment by MNeto — April 1, 2009 @ 8:53 am
@MNeto,
let me quote from this site:
If the Uniting American Families Act passes, would the U.S. citizen or legal permanent resident partner allow me to qualify for an HIV waiver?
Yes, if it becomes law, the Uniting American Families Act “UAFA” (formerly called the Permanent Partners Immigration Act “PPIA”) will amend the Immigration and Nationality Act to include the term “permanent partner” in most places that the word “spouse” currently occurs. This would make it possible for HIV-positive foreign nationals in long-term relationships with U.S. citizens or legal permanent residents to obtain their residence here.
Comment by Lee — April 1, 2009 @ 9:15 am
We should all focus on lifting the HIV ban once and for all. They are a lot of HIVer who got denied from Immigration because no HIV Waiver available for them. So please write the senators on the committee today! Please urge the senators to complete the task they all supported last summer to eliminate this draconian law once and for all. They draging they feet for too long. It’s time for HHS to fully remove from its list.
Comment by Queen — April 1, 2009 @ 10:06 am
@Lee
You are right in your response aout the qualification to “apply for the waiver”.
However, please remind that the qualification for the HIV waiver does not means that it will be automatically granted to the ones who qualify for “applying” for it. In the application for the waiver, one has to proove that the denial of the immigration visa would cause hardship to the american partner (that my include financial hardship), that the individual will not become a “public charge”, i.e. he/she has the means to support his health treatment, and that the person dos not pose a risk to the public health.
It is always possible that not everyone would be able to meet these requirements for the waiver.
Comment by MNeto — April 1, 2009 @ 10:17 am
Two quick responses, one re: comment 7, HHS will need to publish new regulations to remove HIV from the list, so when it does it will have a new docket number, not the one cited in this comment. And regarding comment 8, yes, UAFA would mean that HIV+ foreign nationals who are in long-term relationships with American citizens or green card holders could apply for a waiver. But it doesn’t guarantee the waiver will be granted, and it still leaves HIV+ foreign nationals who aren’t in a life-long relationship with an American out in the cold.
The HIV ban is archaic, discriminatory and unnecessary. It must be lifted, period.
Comment by Victoria Neilson — April 1, 2009 @ 11:49 am
Correct. Waiver is not granted automatically. It’s just one more step to go. Keep moving on, guys. We have to fight for our equal rightSSSS
Comment by Kim — April 1, 2009 @ 12:50 pm
I agree. We should keep pressuring the Senators to make sure that the HHS will remove HIV from its list of “communicable diseases of public health significance.” Let’s keep writing and do our best to get this done! With that being said, this battle is already half won. The first, and more difficult step has already been taken and we just need to work on the final step. UAFA, on the other hand, deserves a little bit more efforts and attention at this time. We need to get this bill to pass a.s.a.p. so that there will be no more tragedies like what happened to Shirley and Jay. Let’s keep calling,writing,emailing,faxing and getting the message across.
Comment by Simon M — April 1, 2009 @ 6:18 pm
Let’s don’t argue who deserves more attention.
Writing one more letter, one more call, one more email, is not that difficult. If we don’t fight for ALL OUR RIGHTS & support each other, we will not be able to accomplish anything to its true meaning.
Like each color of the rainbow, we need to stand by each other.
Comment by Simon — April 1, 2009 @ 7:07 pm
I am one of those affected and its good action is getting heated on this issue again. It affects us all, so folks lets put pressure on our senators to see this through. I will call / email the senators tomorrow. thanks for all your efforts – Punda
Comment by PundaSmith — April 1, 2009 @ 7:32 pm
@Simon
I’m not arguing. I’m just stating the fact that we need to push for the UAFA as well. I’ve seen a few of your comments on this blog but I haven’t noticed any of your support for the UAFA in your comments. Care to explain? It’s easier said than done.
Comment by Simon M — April 1, 2009 @ 7:38 pm
Peace, guys, don’t be personal. We are all in for our rights. I am sure everyone here support all the issues.
Comment by Walkins — April 2, 2009 @ 8:40 pm
btw, why this ban is still effective? I read somewhere in this blog that Obama took the OMB off. Why? Is he trying to ignore this, because it might be too sensitive a topic?
What should we do to make them to take the final step to lift this outdated and discriminative ban? It’s not right that it has been sitting there for so long. I have a bad feeling about Obama’s administration’s intention…..
Comment by Nick — April 6, 2009 @ 2:29 pm
What is Sebelius’s stand on lifting this ban?
She seems like someone right at the middle, although she’s a democrat.
Does she have the right to ignore the fact that the bill has been passed, and not to proceed to lift it at all? With the Universal Health Care issue ahead, it seems that they are just going to conveniently sweep the lifting of HIV ban under the carpet.
We must pressure them to act swiftly. Any ideas???
(I know with the gay marriage and UAFA, the momentum has somehow walked away from this important issue… But we must finish the fight, not to mention we have won the most difficult battle already)
Comment by Shawn — April 7, 2009 @ 4:13 pm
In answer to Nick’s question, I had heard from knowledgeable sources that the projections submitted to the OMB by the Bush administration had made some outrageous projections, both on the cost of providing healthcare to HIV+ immigrants and, more problematic, that admitting HIV+ immigrants and visitors would be responsible for a sharp increase in HIV cases to the public. The incoming administration scrapped the figures submitted to the OMB to be replaced by something more scientific and accurate. Probably a good thing in the long run, but the added wait is painful.
Comment by Dave NYC — April 7, 2009 @ 7:37 pm
Thank you, Dave. Your explanation makes sense.
It’s outrageous that the last administration had done SO much to hurt us, and the world.
One constructive thing that we must learn from them is that we must go after and demand our rights from the Obama administration. We have been suffering from all sorts of discrimination for way toooo long.
Comment by Nick — April 8, 2009 @ 4:04 pm
There are a lot of people around the world with HIV who would love to return as tourists, who have a passion for you guys and your country, but are now too scared to return for fear of being turned away because they have now been diagnosed with HIV.
People who love your country but feel they are not wanted there. This creates a level of bad feeling towards the US and loses you vast amounts of tourist money. I know this isn’t as important as people wanting to be with loved ones who can’t, but somebody with HIV has enough to deal with, without being told they aren’t welcome for a two week holiday.
Its such a shame, you guys live in a beautiful country (I myself have been twice), I just wish your authorities weren’t telling people I know to stay away.
Comment by Martin, England — April 11, 2009 @ 2:04 am
Great news!!
Please, check the website:
http://www.reginfo.gov/public/do/eoPackageMain
The HHS regulation with the proposal to eliminate HIV from the list of diseases of public health significance has finally been re-submitted to the OMB. Let’s all keep an eye on the public comment period after it is cleared by the OMB, and send our comments supporting the new regulation. we should keep fighting since there will be groups posting negative comments, demanding that the new regulation isn’t implemented. Working together, it will be a victory which builds momentum to other GLBT related issues such as UAFA.
AGENCY: HHS-CDC RIN: 0920-AA26
TITLE: Medical Examination of Aliens: Removal of HIV Infection as a Communicable Disease of Public Health Significance
STAGE: Proposed Rule ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 04/10/2009 LEGAL DEADLINE: None
Comment by MNeto — April 11, 2009 @ 9:45 am
Great job, MNeto! What a good news!
You are right, with the “storm is gathering” campaign and such, there will be lots of negative comments from these groups. We must write and call to post our comments and show our support to lift this discriminative ban. We have been so silent for so long.
Comment by Shawn — April 11, 2009 @ 12:59 pm
That’s great news, but it links to the old one dated 12/2008.
Comment by Simon — April 11, 2009 @ 10:58 pm
Sebelius’ answer to Senator Kerry’s question on the ban is:
I am aware that the global health legislation � the President�s Emergency Plan For AIDS Relief (PEPFAR) bill � did repeal the ban on HIV-positive travelers to the U.S. If I am confirmed as Secretary, I will work to repeal this ban as quickly as possible to comply with the law. In addition, I will ensure that your staff receives regular updates on the status of this effort.
http://primebuzz.kcstar.com/files/sebelius.pdf at 65.
Comment by Ethan — April 11, 2009 @ 11:11 pm
Yes, I noticed the reference to the Sept ‘08 filing as well, but it was submitted April 10th. What I think is significant is that “Economic Impact” is NO Lets all keep tabs on this and let our voices be heard in every forum available.
Comment by Dave NYC — April 13, 2009 @ 8:32 am