Where are the HIV Regs?
We’re coming up on 11 months since President Bush signed the Pepfar bill into law, removing HIV as a statutorily mandated ground of inadmissibility and passing the baton to the Department of Health and Human Services to amend the regulations which define “communicable diseases of public health significance.”
We certainly understand your growing sense of frustration, and feelings of “what are we waiting for?” As those of us who have to deal with Immigration every day know, agencies work at their own pace, which, unfortunately, is often very slow. From the outside, it’s hard to imagine that there would be much work in writing a regulation, especially one which we all hope will simply be removing one sentence from the existing regulations.
In fact, even when the text of a regulation is only a few lines long, the agency has to write a long preamble explaining what they’re doing, why they’re doing it, and how much it’s going to cost. This analysis takes time.
I’m not trying to make excuses for HHS. I’m frustrated too. Every day I try to answer the question, “when will the ban be lifted?” for other lawyers and individuals affected by the ban and I hate not having a definite answer. Everything we’re hearing is that the proposed regulations will come out soon and that they will say what we want them to say. It’s hard to fight an agency that we believe is on our side. On the other hand, there are real people who are suffering under this ban every day, unable to visit loved ones, and counting the expiring days on their non-immigrant visas hoping that they can file for permanent residence before the clock runs out.
The honeymoon is coming to an end; it’s time to issue the regulations.
If it takes a year to repeal a ban, how long will it take after the UAFA passes to implement it? This is just ridiculous.
Comment by nola — June 15, 2009 @ 7:26 pm
The International AIDS Society has proposed that their 2012 biannual conference be held in Washington DC but if, and only if, the ban is once and for all rescinded. News like this lays visible the fact that the ban is indeed still with us, and is being enforced. After the repeal of the statutory ban last year, there is no reason at all for the delay of the removal of the regulatory ban. See the link below for coverage from Andrew Sullivan. http://andrewsullivan.theatlantic.com/the_daily_dish/2009/06/the-next-global-aids-conference-in-dc.html
Comment by Dave NYC — June 15, 2009 @ 7:45 pm
Hey guys. Jsut one more step to lift the ban. Please write letter Senator John Kerry for his support on pushing HSS get it done. On the top of it, please write letter to Human Services Secretary Kathleen Sebelius under the following address:
The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: 202-619-0257
Toll Free: 1-877-696-6775
Attn.: Human Services Secretary Kathleen Sebelius
Comment by Kim — June 15, 2009 @ 9:43 pm
@Kim, Would you please provide address to send letter to Senator John Kerry? Is it ok to use same letter contents that someone had drafted in the previous page @#51. (i’m not good at writting.)Thanks.
Comment by Queen — June 15, 2009 @ 11:00 pm
Regarding the administration’s inaction on the HIV travel ban, I just wonder if this is yet another Obama ploy like how it takes time to find a “durable solution” to DADT. Enough with the now-is-not-the-time bullshit! Our community has certainly learned from all the past experiences. We refuse to be taken for granted and taken advantage of! Obama, deliver your promised action or else.
Comment by Rick — June 15, 2009 @ 11:46 pm
As citizens of this country hope that it will soon eliminate this law discriminates against people who only suffer from this disease, I do not understand As we struggle to help other countries convatir disease and even here there are discriminatory laws is time to repeal this ban now
Comment by netty parra — June 15, 2009 @ 11:52 pm
does anyone know how long it takes for congresman to reply to the email i sent last week?
Comment by robert — June 16, 2009 @ 7:13 am
@5 – Robert – Who did you e-mail? Did you e-mail the member of Congress through their website or did you e-mail one of their staffers directly?
Comment by Tom — June 16, 2009 @ 9:01 am
tom,
i emailed memember of the congress true their website, and i got conformation that they recivied it.
it is my congresman from georgia david scott.
Comment by robert — June 16, 2009 @ 9:19 am
Robert – e-mail me, I can help you. tptierney@gmail.com
Comment by Tom — June 16, 2009 @ 9:24 am
tom,
i emailed you
my email is robertsamija26@yahoo.com
Comment by robert — June 16, 2009 @ 10:04 am
Great news! 2 more co-sponsors in the House! Now it’s 111 co-sponsors for UAFA in the House.
Rep Quigley, Mike [IL-5]
Rep Watson, Diane E. [CA-33]
If you are in thier constituents, write/call/email them to thank them for their support. Let’s keep up the great work we are doing to gather support! Thanks guys!
Comment by Simon M — June 16, 2009 @ 12:40 pm
@10…2 more great! is the goal 130? And we need more progress in the senate too, we’ve been at 19 for awhile…
Comment by bkbzipper — June 16, 2009 @ 1:03 pm
@11.. hopefully we won’t stop at 130 because the more support we get, the higher the chance of it getting passed. Yes, we definitely need more progress in the Senate. All you Nevadans out there, please write to the spineless majority leader in the Senate, Harry Reid and ask him to support the bill and tell him that his inaction about DADT and DOMA will cause him his seat as the majority leader and also as a Senator. The time to act is now, no delays, no excuses.
Comment by Simon M — June 16, 2009 @ 1:26 pm
Is there a reason that Senator Kennedy is not a sponsor of UAFA? I assume IE has worked this, but I know back in February I called Senator Sanders office here in Vermont. They told me he had signed on and it just wasn’t updated. When he still wasn’t on the Thomas list a week later and I called, the Vermont office talked with the DC office and it got him on the official list. Just a miscommunication.
Comment by Michael Upton — June 16, 2009 @ 1:31 pm
Agree 130 should not be the limit but the next step for now. At the rate we’re going, I feel it’s definitely achieveable. In the Senate we should also be able to achieve higher numbers. Let’s set ourselves a target of 25 sponsors (excluding Leahy) for now and then step it up again if we reach 25.
Tom, are you guys able to collate numbers and contacts for the Senators as you’ve done for the Representatives so far?
Comment by Tim — June 16, 2009 @ 2:00 pm
Not to be a stick in the mud, but can we keep the comments about the HIV regs? There’s plenty of threads/posts about UAFA.
Comment by Scooby — June 16, 2009 @ 2:45 pm
Does anyone know if the ACLU has been of any assistance in this issue or if they can play a part in getting the HIV+ travel/immigration banned removed?
Thanks!
Comment by Ken — June 16, 2009 @ 3:37 pm
Enclosed are some other organization / links may be relevant action to lift HIV Ban. Maybe we can work with them together and make our voice LOUDER
http://phrblog.org/blog/2009/03/30/help-raise-the-us-hiv-travel-ban-at-hhs-senate-confirmation-hearings/#comment-400
Comment by Kim — June 16, 2009 @ 4:47 pm
@11, 12, 13, 14 – 130 is not our goal for the House. It should be much higher than that, considering we had 129 co-sponsors in 2003! And we’ve been at 19 in the House for 2 weeks – we were at 17 for months before this. Why hasn’t Senator Kennedy signed on? CALL HIS OFFICE AND ASK THEM! Do the same for Senator Casey of Pennsylvania. He was a co-sponsor in the last Congress as well. Tim – please e-mail me. tptierney@gmail.com FOUR members of Congress are now being targeted each week – members of both the House and the Senate – by the Out4Immigration group. We need as many people to take part in this each week as possible, and it is very easy to do! If you are reading this blog and you are not ACTIVELY doing something each week to help this bill move forward, you need to be! And I am not talking about sending an e-mail through a member of Congress’ website e-mail form either. E-mail me if you’d like to become more active or if you have questions about specific members of Congress. We have the momentum, now is the time to double our efforts.
Comment by Tom — June 16, 2009 @ 7:56 pm
Hi everyone, take a look to the news. Is Obama going to give us the Federal Benefits?
http://news.yahoo.com/s/ap/20090617/ap_on_go_pr_wh/us_obama_gay_benefits
Comment by Dennis — June 16, 2009 @ 9:41 pm
Oh, it seems Obama only plans to give health benefits to the Federal employees.
Comment by Dennis — June 16, 2009 @ 10:04 pm
While it’s great for the Federal employees, that’s still too little, too late. I hope Obama doesn’t think that this is a good enough ‘compromise’ to put off with dealing with the gay community for awhile.
Comment by T — June 16, 2009 @ 10:16 pm
Yes, I hope the gay group can give more pressure and push Obama to give us full Federal benefits.
Comment by Dennis — June 16, 2009 @ 11:03 pm
Looking at http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=0920-AA26
I’ve noticed the date 08/00/2009. Does it mean anything? Is it possible that it describes rule target month?
Comment by Mark — June 17, 2009 @ 5:58 am
the date is tagged as NPRM which means “Notice of Proposed Rule Making”. I have not been able to get a definite description of what it means, perhaps when the comment period is tentatively scheduled to begin?
Comment by David NYC — June 17, 2009 @ 7:00 am
What I’m wondering is if the comments in question could in fact affect the outcome of the regs? I mean – why else have public comments? But at the same time, isn’t HHS supposed to get rid of the ban as directed by Congress? So why have the comments at all?
Comment by Scooby — June 17, 2009 @ 7:26 am
Barney Frank to introduce ENDA bill next week according to a close aide. Moving ENDA forward wouldn’t have anything to do with the DNC fundraiser next week being in jeopardy after the administration’s public relations disaster from last week, or would it? Folks, the strategy to deny the Dems our votes and monies is working and we need to keep it up. Many people in the community are made even angrier by the fact that the Dems have got the nerve to insult us with the DOMA briefing from last week (why is that asshole Simpson still in the DOJ?) and then ask for our money the following week. The Obama adminstration hasn’t got a clue at all how to liaise with the LGBT community: this is a mess of epic proportions that would have even made Dubya and his cronies go crimson with embarassment. Barney Frank is a turncoat and even Tammy Baldwin gave a weak response; the only one who replied appropriately was Jared Polis. On top of that we have Harry Reid first saying “oh Nancy has to sort out the House first before we here in the Senate can deal with DADT”, then he says “I think the Prez should do an executive order” and then he changes course all over again. Good Lord this administration is right out of Monty Python..
Comment by Tim — June 17, 2009 @ 10:58 am
#25 n #26.
Hey guys.Let’s move on and keep sending our letters to HHS n our supportive senators to lift HIV ban.
Comment by KIM — June 17, 2009 @ 12:01 pm
I’m having a hard time with my relationship at the moment and I need to talk to someone who’s in the same boat as me. Please send an email to my nick+@gmail.com and you’ll get me. I really don’t know what to do anymore.
Comment by Chocolateseduced — June 17, 2009 @ 12:58 pm
The revised rule has been categorized as “economically significant”. Click on the rule ID on the website (http://www.reginfo.gov/public/do) to see its details.
“Economically significant rules, as defined in Executive Order 12866, are those rules that will have an annual impact on the economy of $100 million or more or will have any material adverse affect on “the economy, productivity, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities. The definition of an economically significant rule is similar to but not identical to the definition of a major rule.”
Based on internet sources, OMB has 90 days to review “economically significant” rules which can be extended to additional 30 days upon request.
Therefore, the deadline for OMB to review the rule should be July 10th 2009 (or August 10th), i.e. 90 to 120 days after the rule was submmited to OMB on April 10th.
In my opinion, considering the time for further public comments and publication, the final rule may be effective no sooner than late 2009 or early 2010.
That is why it is so important to keep writting to Sebelius and Senator Kerry.
Comment by M. Neto — June 17, 2009 @ 1:18 pm
hey kim i am trying to email you it did not go true,
email me
robertsamija26@yahoo.com
i am in the same boat as you
Comment by robert — June 17, 2009 @ 1:24 pm
Democrats face crucial immigration test
After twice postponing a highly anticipated meeting between President Barack Obama and congressional leaders on immigration reform, the White House is under increasing pressure to get legislation done this year.
Winning congressional approval of an immigration measure by December is a steep climb, with the economy, health care and energy higher on the president’s agenda. So far, Obama has promised only to begin the discussion at the summit set for next week.
But if the president does not move quickly, he will suffer the same fate as his predecessor, President George W. Bush, who left office acknowledging that failure to overhaul immigration laws was a top personal disappointment.
Bush promised reform but wasted political capital on other matters. When he finally turned to immigration, the GOP was deeply divided, and Hispanic voters — angered by conservatives’ nasty tone — rejected Republicans at the polls in 2006 and 2008.
Similarly, Obama now must answer not if but when immigration will be done. To succeed, he has to enlist the support of Sen. John McCain (R-Ariz.), a past champion of comprehensive immigration legislation, at least nine other Republicans in the Senate and a couple of dozen more in the House.
With Obama owing his election to Hispanics, the Latino community will be unforgiving if nothing gets done while he is “at the apex of his political capital,” said Sen. Robert Menendez (D-N.J.).
The president “will be hurt with [Hispanics] if he talks about it but, at the end of the day, we cannot collectively achieve it,” Menendez said. “The challenge is not just for the president but for the Democrats in the Senate. There is a high expectation because it is the civil rights issue of our time.”
Another delay by the White House was “a mistake,” but Obama “is too smart not to move on immigration reform this year,” said Ali Noorani, executive director of the National Immigration Forum.
The White House wants 15 to 20 Republicans in the House and 10 to 12 GOP senators on board before taking legislation to the floor of both chambers. Waiting until 2010 could make immigration a prime target for Republicans trying to knock off Democrats.
Hesitation could slow the momentum that immigration, faith, labor and business groups have been building since 2007, when Congress failed to pass a bill that combined stricter border control, tougher penalties for employers who hire illegal immigrants and earned legalization for undocumented immigrants.
This time, enforcement-only hard-liners are being countered by a national campaign, Reform Immigration for America, which recently brought 700 citizen lobbyists to Capitol Hill.
Employers and trade associations that rely on immigrant workers in 25 states also have formed ImmigrationWorks USA. “What was missing before from the debate was a center-right base in favor of reform,” said Tamar Jacoby, president of the business group. This network will be able to “speak out in the congressional districts and play a two-sided debate,” Jacoby added.
Joining the immigration team is John Podesta, founder of the Center for American Progress, who headed Obama’s presidential transition and was former President Bill Clinton’s chief of staff. His entry brings forward the progressive movement not usually identified with immigration reform.
The main difference since 2007 is the Latino vote, which showed the biggest demographic swing toward Democrats in the 2008 election. That led House Speaker Nancy Pelosi of California and Senate Majority Leader Harry Reid of Nevada to promise a bill this year. Reid, whose state has seen a huge jump in the Hispanic population, faces reelection in 2010.
But advancing a bill that’s friendlier toward immigrant families and workers has created new conflicts.
Advocates of gays and church leaders are at odds over a proposed provision that would let gay and lesbian Americans sponsor their immigrant “permanent partners” for legal residency in the U.S.
Also, the AFL-CIO’s support for the measure has severely dampened the enthusiasm of the U.S. Chamber of Commerce and its allies. The labor federation opposes temporary visas for immigrant workers — which employers with labor shortages are demanding in exchange for their support. Instead, labor favors a commission that would assess the need for visas based on economic conditions.
Compromises will be reached because the groups share the broader goal of fixing the system, said Frank Sharry, executive director of America’s Voice.
Sharry said the first question that needs answering is: “Are there going to be Republicans who step forward and make this happen,” or will they say no and further alienate Hispanics?
And will Obama follow the path toward a solution?
The White House is “going to keep slamming into this” unless it drives this to completion, said Angela Kelley, a vice president at the Center for American Progress. “They know Bush failed. They can see the detour sign ahead and actually take it and get it done.”
Comment by Rick — June 17, 2009 @ 2:13 pm
@30..Nick..
im in the similar situation to you, i.e. having a rocky relationship as many other gay bi-national couples due to un-fair immigration rules in US.
tried to contact you but my e-mail kept bouncing back.
Feel free to get in touch if you wish to, I am:
meeran63@yahoo.co.uk
Comment by Meeran — June 17, 2009 @ 2:24 pm
Obama is announcing same sex benefit for government employees today. This came days after the DOJ statement defending DOMA. There has been a massive uproar from the LGBT community on the administration as a result of the DOJ statement. Several key contributors the Democratic Party even threaten to stop contributing to the party and not attend the funds raiser event scheduled in the coming days or weeks. This shows the power of a collective voice. It shows that we no longer tolerate broken promises for the fulfillment of the promises are long overdue. We are not as disposable as they think we were; no longer want to be easily brushed away once they’ve gained their political goals. There’s a grass root movement to urge the President to stop flip flopping in his stance on DOMA a movement that seeks accountability. LGBT who are fighting for UAFA, ENDA, DADT, HIV band and other LGBT legislation should come and join the movement calling for equality. This is a fight for our rights and we should do whatever to support it. Go to http://domaflipflop.com/ print out a flip flop get your message down and mail it to the President. The time is now we want equal rights!
Comment by Alex. A — June 17, 2009 @ 3:31 pm
The benefit for GLBT government employees is an insult to us. Throwing “some of us” a bone to keep us quiet for a while?! This is ridiculous.
I am so sick and tired of false hopes and being used and disposed. If we don’t do anything significant to let our voice heard loud and clear, we will not have equal rights for another life time, or at least another 50 years.
I am going to the Washington March this November, but I think we need to do much more. We must make the best out of this couple years.
Comment by Mike — June 17, 2009 @ 4:31 pm
It looks like Obama just give us a candy & treat us like a child. I hope the LGBT groups can give more pressure to Obama.
Comment by Dennis — June 17, 2009 @ 4:56 pm
To Scooby’s comment at #27. Yes comments could impact the rule making, thats what comment periods are for, and they apply to almost all rulemaking. Comment periods are a time for us as individuals, and dozens of organizations fighting this regular, to put forth rational, well written comments about the arcane nature of the current regs. I have stumbled across the comments from the previous (Bush administration) regulations, and our side all put forth rational, well written comments about the core problems with ban. The few comments put forth against that proposal were anti-immigration in general, and heavily homophobic in tone. I think we can write more and better comments than those who may oppose the bill, and having the legislative ban removed last year puts significant wind at our back…..
Comment by David NYC — June 17, 2009 @ 5:33 pm
Obama finally broke the silence and said he would work with congress to overturn DOMA through the press conference of his signing an executive order to extend same sex benefits and rights to federal employees. I must say I feel a bit better after Obama verbally acknowledged his view on DOMA. This is better nothing. Here is what Obama said about DOMA, it is better than nothing so far, but I have a feeling he was forced to calm the angry gay community about the DOJ’s brief on DOMA. The following is what Obama said during the press conference:
” It’s a day that marks a historic step towards the changes we seek, but I think we all have to acknowledge this is only one step. Among the steps we have not yet taken is to repeal the Defense of Marriage Act. I believe it’s discriminatory, I think it interferes with states’ rights, and we will work with Congress to overturn it.
We’ve got more work to do to ensure that government treats all its citizens equally; to fight injustice and intolerance in all its forms; and to bring about that more perfect union. I’m committed to these efforts, and I pledge to work tirelessly on behalf of these issues in the months and years to come.
Thank you very much everybody, and with that I am going to sign this executive order.”
I think that should make us feel a bit better, don’t you think? Finally, he verbally acknowledged it is DOMA is discriminatory and should be repealed, we just have to hold him accountable on this promise in the future, but we have to focus on the passage of UAFA.
Comment by Chung Cheng Fang — June 17, 2009 @ 7:13 pm
It seems like Barney Frank has changed his mind and now thinks the administration’s DOMA screw up was just fine! Shocking, to me anyway.
http://www.house.gov/frank/pressreleases/2009/06-17-09-doma.html
Comment by Rick D — June 17, 2009 @ 7:18 pm
I am amazed that the Gov. can make a decission to spend a TRILLION dollars in a matter of a few days. But doing something as easy as inforcing new laws , such as lifting the HIV ban is taking so long.They economy will evendentually level out I understand.But more importantly are the things that make people’s lives a little better .Such as the UAFA, and hate crimes bill.I personally would rather have the LOVE of my partner,here by my side than all the money one can spend! He was deported soley because he is HIV+. We need help SOON
Comment by roi whaley — June 17, 2009 @ 8:32 pm
Obama has lied one too many times for me to get my hopes up by his “pledges” anymore. I’ll believe it when I see it. the only thing he has done for us is this federal employees thing – it doesn’t even give them health or retirement benefits! It’s a joke. I want to think Obama is not homophobic and have tried to give him the benefit of the doubt, but the DOMA brief was the last straw. That wasn’t just politics – it was cruel and blatantly homophobic. He is absolutely responsible for it, too, despite what the Dems keep saying. I’m feeling pretty relieved that I might have an immigration option for my partner soon after 6 years of being together because I’m feeling pretty hopeless that this administration will do anything for us.
Comment by tyler — June 17, 2009 @ 8:49 pm
Before you lose faith, maybe we should concentrate getting UAFA passed. Obama only has been in Office for 4 months. We just have to be patient with him and focus on UAFA for now!
Comment by Chung Cheng Fang — June 17, 2009 @ 9:11 pm
I think the most important is to get UAFA include in Comprehensive Immigration Reform. Otherwise, it may not have a chance to pass.
Comment by Dennis — June 18, 2009 @ 12:02 am
We need to act now!!! Act, Act, Act!!! Don’t just read this bloog, do soemthign about it… We need to realize of the incredible power that we have in our hand if we all come togehter and do soemhting about the issues..
I urge to write a letter to the Human Services Secretary Kathleen Sebelius under the following address:
The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: 202-619-0257
Toll Free: 1-877-696-6775
Attn.: Human Services Secretary Kathleen Sebelius
Here is a sample of the leter we all could send:
Dear Secretary of Health & Human Services Ms. Kathleen Sebelius,
I write this letter to request your help in facilitating and expediting the proposed regulation to remove HIV from the list of communicable diseases of public health significance to finally end the HIV travel ban.
For thousands of us who are dramatically affected by this archaic and useless ban, each day it passes with the ban still in place is one more day away from our love ones, one more day in which we see our professional careers, our dreams and our future vanished in front of our eyes.
I can not emphasizes enough how critical and time sensitive is for all of us that this ban gets lifted as soon as possible. For this reason I urge you to please do whatever is in your power to expedite this process so that we can see this ban lifted immediately.
I understand that there are hundreds of other very important and critical issues that your administrative area has to deal with every day. That is why I really appreciate the commitment and consideration that you have already shown for this matter. Don’t forget that the happiness and future of thousands of people depends on this ban being lifted.
Sincerely,
Comment by Luispas — June 18, 2009 @ 5:14 am
I like Luispas’ letter. When I send mine, I will add that, during here confirmation hearing, under questioning from Senator Kerry, Ms. Sebelius said “If I am confirmed as Secretary, I will work to repeal this ban as quickly as possible to comply with the law. (rescinding of the ban on July 30, 2008) In addition, I will ensure that your staff receives regular updates on this effort” We ask that Ms. Sebelius remain true to her comments during her testimony, and not only work to end the ban quickly, but to provide updated status on the progress of the process.
Comment by David NYC — June 18, 2009 @ 7:09 am
I hope no one here will take offense, but I’ve taken the liberty of editing the letter to HHS Secretary Sebelius. I think the letter is really great, but just needs some fine tuning as far as English grammar is concerned.
Here is the letter that I’ll be sending:
The Honorable Kathleen Sebelius
Secretary of Health and Human Services
U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, DC 20201
Dear Secretary Sebelius:
I am writing you this letter to request your help in facilitating and expediting the proposed regulation to remove HIV from the list of communicable diseases of public health significance and to finally end the HIV travel and immigration ban.
For thousands of us who are dramatically affected by this archaic and useless ban, each day that passes with the ban still in place is one more day of anxiety and worry, one more day of separation from our loved ones, one more day in which we see our professional careers, our dreams, and our futures vanish in front of our very eyes.
I can not emphasize enough how critical and time-sensitive it is for thousands of people that this ban be lifted as soon as possible. For this reason I urge you to please do whatever is in your power to expedite this process so that we can see this ban lifted sooner rather than later.
I understand that there are hundreds of other issues that your department has to deal with that affect the lives of countless people. For this reason I truly appreciate the commitment and consideration that you have already shown concerning this matter. I am sure that you will not forget that the hopes, dreams, futures, and the very lives of countless others depend on this cruel and unusual ban being lifted.
Thank you for your consideration.
Sincerely yours,
Comment by Ken — June 18, 2009 @ 10:22 am
I got a letter from the US Citizenship and Immigration Services (UCIS) denying the request (motion) to reopen my green card process (application to register permanent residence or adjust status.
The green card petition was denied based on my HIV status and on the fact that I do not qualify for a waiver not having any qualifying American relatives. The denial took place on February/2009.
Knowing that the the revised HHS regulation was in the process to be submmited to OMB, my lawyer decided to submmit a motion to reopen the case. The motion mentioned that the are pending regulatory changes at HHS that render the basis of the denial (HIV based) moot (open to discussion or debatable). The motion was submmited around mid March/09, prior to submmital of the new regulation to OMB mid April/09).
The main argument for UCIS to deny the motion to reopen is that “no documentation was provided to substantiate the claim” about the pending regulatory changes.
My point here is that UCIS either do not know about ongoing revised HHS regulation process (which I think is inconceivable) or is just ignoring its existance.
Comment by mneto — June 19, 2009 @ 9:47 am
#48 why u go process your greencard application if u know that it will be rejected out of HIV+? Now,what’s your plan now? Do u check with IE for legal advice?
Comment by kim — June 21, 2009 @ 6:37 am
@Kim
Why did you assume that I knew about my HIV status prior to starting the permanent visa application process?
My present employer is very supporting and they are transfering me to a new position abroad. They know about the HIV ban regulation process and want to give the time I need abroad. When/if thsi stupid ban is eliminated, they’ll bring me back to the USA. Luckilly, there are still people who judge you by your character and competence rather than your HIV status.
I contacted IE and I was informed they could not be of any help due to my case details. Also, I see no point in tying up IE legal resources than can be used by other people who need it more than me.
Comment by M. Neto — June 21, 2009 @ 3:01 pm
#50. Your company is really great n relocate u to another country. For me, I don’t have this kind of luck but keep tracking the status or this blog everyday to see any miracle happen. What a life n discriminatory policy in USA
Comment by kim — June 21, 2009 @ 3:35 pm
For all of you who are a bit bewildered by the steps of the rulemaking process, I found this nifty chart on the reginfo.gov website. Right now we are on Step 4 (and hopefully very soon step 5) Hope this helps understand the process. http://www.reginfo.gov/public/reginfo/Regmap/regmap.pdf
Comment by David NYC — June 22, 2009 @ 7:56 am
God, help to eliminate HIV from the list of immigration as a disease of public health importance national discrimination and no more suffering for these people.
Comment by netty parra — June 22, 2009 @ 10:06 am
I’m not a lawyer, so can someone explain to me why Immigration Equality isn’t suing USCIS in federal court on behalf of an HIV+ person who was denied entry to the U.S. on the grounds that the USCIS continues to enforce a repealed law? Does the Administrative Procedure Act (APA) set up a process whereby the USCIS decision to deny the person entry into the U.S. could be judicially reviewed in federal court?
Comment by Bruce in Missouri — June 22, 2009 @ 6:26 pm
#52. David. Tks for posting this weblink n let us have broef idea on how it flows. It sounds like it’s pretty unlikely to lift the ban by the end of this year, rite? It’s in step 4 now and it still have at least 2 more steps to get it done. It’s terrible n we need to keep sending our letter to the senators and HHS or propose to have similar hearings / media conference to raise our voice. This is discriminatory policy against LGBT community and is helpless to prevent HIV
Comment by kim — June 23, 2009 @ 8:24 am
It might take much much longer than we thought to have the ban fully repealed and the regulation issued.
Out of curiosity, I read other regulatory rules under review at the OMB site, and it does not look good. For example, under the title “Control of Communicable Diseases Foreign Quarantine” which has a NPRM date of 11/30/2005, it is now finally in the Final Action with a date 09/00/2009. The NPRM date for lifting the HIV ban is 08/00/2009. Will it take 4 more years to the Final Action posted? I don’t know. There are other rules in Final Action also have a NPRM date about 3 years ago. (see the OBM site: http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=200904&RIN=0920-AA12)
If it take another 3 or 4 years, that will pass the end of Obama’s “first term.”
How can we make this legislation to move swiftly??
Right now, it seems that it would be a miracle to have the ban fully lifted in a year from now.
We definitely need to put much more pressure on them.
Comment by Mike — June 24, 2009 @ 2:32 pm
I hope it won’t take that long. I’m really hoping the ban will be lifted before year’s end, but you’re right it looks less and less likely. Crazy bureaucracy!
I will be writing to Kathleen Sebelius this week-end. PS: I read somewhere that hand written letters are the most effective.
Comment by Scooby — June 24, 2009 @ 3:06 pm
Ok guys. Don’t be too frustrated n pessimestic. Let’s roll up our sleeves n keep sending our letters to HHS, senators n president and urge them to tender their support on lifting the ban. No matter the letter is ahnd written or typed, with or without gramatical mistakes, it’s ok. Our objective is to tell our stories and push HHS to lift the ban completely. Say everyone of us send out 10 letters a day to HHS and see how is their response. What do u think? We have to be a strong believer or persistent and get this job done. If we do it together, the job can be completed quicker. Let’s work together now before it’s too late.
Comment by Kim — June 24, 2009 @ 6:18 pm
I’m not sure 10 letters a day from the same person would be effective
But I see what you mean. You’re right, I’m not going to write just once, and not just to the HHS. It’s hard not to get frustrated, thanks for your optimism and positive attitude Kim.
Comment by Scooby — June 24, 2009 @ 7:13 pm
That’s how UAFA get the attention and momentum from the very scratch beginning. Why can’t we do it for HIV ban the same simple way? Indeed, we are very close to get it done. Hurry up….do what we need to do…..don’t worry about too much but do as much as we can
Comment by Kim — June 24, 2009 @ 8:41 pm
Hi to everyone. Yesterday I went to my regular doctors appointment, everything is going well. Now i’m indictable VL with a number of TCells over 500. but I cannot file the medical exams cause my HIV status. Thank God I still have to 2 more years with my working visa, but in 2011 I will be illegal and maybe without a job and with out ensurance; cause I cannot go back to my country the treatment is to high expensive, and I wouldn’t be able to afford it. Why am I saying this? cause I talk to my social worker counselor and she told me, not to worry cause through the government and Latino agencies that help people living with hiv, I will be taken care off. Insurance, apartment, food, social security money, and even if I want to continue forward with another degree I will get it! Can you see what I trying to say. Cause that descriminatory law, the goverment will have to support me while I am here. I DO NOT WANT ANY MONEY FROM THE GOVERMENT SO FAR I’VE BEEN PAYING MY TAXES AND SOCIAL SECURITY AND MY ENSURANCE IS TAKING CARE OF ME. I ONLY WANT A SIMPLE THING; PLEASE REMOVE THE HIV BAN… LET US FREE!!! By the way, this text will be my second letter to Secretary Sibelius. LET’S KEEP HOPE AND LET KEEP WRITING! ALL OF US WITH HAVE A GOOD REASON TO LET OUR VOICE BE HERD.
Comment by Juno — June 25, 2009 @ 9:39 am
Juno…u r great and u do encourage us on moving this snowball more firmly n solidly to get the job done..
Comment by Kim — June 25, 2009 @ 10:48 am
hi Juno, I’m not Latino but could you pls tell me how u got that fantastic social worker? Mine practically just told me I shouldn’t commit suicide & that’s about all. I’m getting insurance thru my school & very afraid of going home to visit
Comment by desparado — June 25, 2009 @ 11:59 am
Hi Juno, be strong n u can stand up for your life. It’s not the end of the world. Don’t think negative n pessimestic. We have to go on our life as a normal healthy person
Comment by Kim — June 25, 2009 @ 9:37 pm
Also desparado, be strong n u can stand up for your life. It’s not the end of the world. Don’t think negative n pessimestic. We have to go on our life as a normal healthy person
Comment by Kim — June 25, 2009 @ 11:15 pm
Some good news folks. At the big LGBT fundraiser for the DNC last night, Joe Biden says he understands the communities building frustration on the lack of progress on our issues. From the story on politico.com: “Biden pledged the repeal of the Defense of Marriage Act and Don’t Ask Don’t Tell, the passage of the Lieberman-Baldwin bill on health benefits, a ban on workplace discrimination, adoption rights for all and an end to the HIV travel ban.” Read the full story here: http://www.politico.com/news/stories/0609/24249.html Sharpen your pens and pencils people, and start sending letters to the veep asking him to keep his word and move quickly to rescind the discriminatory ban NOW.
Comment by David NYC — June 26, 2009 @ 7:36 am
Excellent! I believe that’s the first time it is acknowledged by the administration. That is indeed good news.
Comment by Scooby — June 26, 2009 @ 8:46 am
David, thanks for your update…let’s keep sending our letters
Comment by Kim — June 26, 2009 @ 9:48 am
Health and Human Services submitted a rule change on April 10 to the OMB that would lift the ban. That rule change should be available for public comment by the first week of July.
http://www.housingworks.org/news-press/detail/waiting-game/
Despite HIV-positive Canadian citizens being barred from traveling to a recent Washington, D.C. conference on AIDS and housing, the U.S. continues to drag its feet regarding the repeal of the travel and immigration ban on people living with HIV. Lifting the ban will probably take six to nine months, according to the timeline the White House Office of Management and Budget (OMB) shared with AIDS advocates at a meeting last Friday.
After up to 60 HIV-positive Canadians were banned from attending the North American Housing and HIV/AIDS Research Summit IV, White House Office of National AIDS Policy Director Jeffrey Crowley and representatives from the OMB and the Centers for Disease Control and Prevention (CDC) met with Canadian and American advocates to brief them on the status of the travel ban.
Health and Human Services submitted a rule change on April 10 to the OMB that would lift the ban. That rule change should be available for public comment by the first week of July. After a 60-day comment period, the CDC can take as much time as it wants to respond to comments and draft a final rule. This process can take several months. Then the OMB will have 90 days to review the process. If CDC has a fast turnaround (which is unlikely), December would be the earliest that a new regulation would be in place.
The Obama administration has refused to issue an executive order lifting the ban, though OMB representatives said at last week’s meeting that they view lifting the ban as one of their top priorities.
“Even recognizing the statutory requirements for review and public comment periods, OMB sees [the process] moving quickly, whereas we see it moving too slowly,” said Joe Amon, Human Rights Watch’s director of Health and Human Rights Division, who attended the OMB meeting.
While the 1993 Congressional law banning HIV-positive travelers and immigrants from entering the U.S. was repealed last year, HHS has not discontinued a separate similar policy put into place in 1987, so the ban is effectively still in place. At the OMB meeting, advocates pushed for a waiver process that doesn’t require disclosure of one’s HIV-status until the travel ban is repealed. The OMB made clear to participants that they were currently focused on lifting the ban permanently, and didn’t view the temporary fix as a solution.
“This delay is completely unexcusable,” said Housing Works President and CEO Charles King, who attended the meeting. “If the Obama administration wanted to fast-track this, they could issue an executive order today.”
Comment by David NYC — June 26, 2009 @ 9:57 am
Any pundit will tell you that Obama is all about the ‘long game’. Still, his aversion to executive orders regardless of the urgency of the issue is frustrating to say the least.
Thanks Dave on top of the news as usual
Six to nine months seems reasonable, but let’s keep the pressure. It looks like we should target the CDC next!
Comment by Scooby — June 26, 2009 @ 10:28 am
From Andrew Sullivan – Today: http://andrewsullivan.theatlantic.com/the_daily_dish/2009/06/a-milestone-on-the-hiv-ban.html
Comment by David NYC — June 26, 2009 @ 1:29 pm
THE OMB REVIEW HAS BEEN COMPLETED! Go to:
http://www.reginfo.gov/public/do/eoPackageMain
Select “Department of Health and Human Services” in the second box – Regulatory Review Completed in Last 30 Days. The HIV travel ban review is at the top of the list, it has just been completed today!
This is a HUGE step forward. Andrew Sullivan has more details (reproduced below, see original page to get the links as well):
http://andrewsullivan.theatlantic.com/the_daily_dish/2009/06/a-milestone-on-the-hiv-ban.html
A Milestone On The HIV Ban
Today, the regulatory process of repealing the ban inches forward. It has been very frustrating, but when you follow the actual legally-mandated process, it takes time. There was a delay at the beginning of this administration, but the bureaucracy is now moving forward and the administration says it’s very serious about getting it done. Vice-president Joe Biden reiterated his support last night. The pressure seems to have worked.
The new rule will pop up on the federal register this afternoon, initiating a 45 day mandatory public comment period. There’s then another round of review from OMB and the CDC. Then, after it’s published in final form in the federal register, there’s an effective date of somewhere between 30 and 60 days for the ban to cease operation. That leaves us somewhere in the fall before the Jesse Helms anachronism finally ends its 22-year stigmatization and persecution of people of HIV.
Yes, it’s been a long, long haul. But a little more patience is not too much to ask. The potential benefits are big.
Once the ban is lifted, the US will be able to become a venue for AIDS and HIV research conferences again (the US has been unable to host such events because of the ban for years), and leave behind the tiny number of countries – from Yemen to Saudi Arabia – that still actively stigmatize and penalize people with HIV in travel. It will remove a measure that discourages honesty about HIV, and promotes a stigma around the disease that makes effective prevention and treatment much harder. It will save lives. It will save relationships and marriages. It will place America where it belongs – at the forefront of global AIDS and HIV leadership. And because all immigrants have to prove they will not be a public charge and have private health insurance, and because a fee was added to the visa application to pay for the costs of enforcement, the fiscal effect is minimal – and offset by taxes legal immigrants like yours truly will continue to pay.
And it’s worth recalling that the Bush administration also supported this change; and it was passed by huge majorities in both House and Senate; and was pioneered in part by Republican senators Smith and Lugar, as well as Kerry and Kennedy. Obama is carrying a bipartisan measure to fruition. For some of us, it means more than we can possibly express.
Comment by Scooby — June 26, 2009 @ 1:33 pm