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U.S. Gov't - HIV infection no longer classified a communicable disease
- By Antoine Craigwell
- Published 07/2/2009
- HIV & AIDS News
- Unrated
Antoine Craigwell
Antoine B. Craigwell graduated from Bernard M. Baruch College of the City University of New York with a double major in psychology and journalism. As a journalist, he has written for several publications. His articles have appeared in Fortune Small Business (FSB), the Villager Newspapers in Northeastern Connecticut, The Bronx Times Reporter and The Bronx Times, The Amsterdam News, and recently for The Network Journal, in New York City.
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By Antoine Craigwell
(New York, NY) - The U.S. Centers for Disease Control (CDC) announced that it is proposing a change to a rule barring immigrants with HIV from entry to the country or aliens from being eligible for immigration benefits. In a 70-page notice signed by U.S. Secretary of Health, Kathleen Sebelius, and sent to the federal register dated Jun 30, 2009, for publication on Jul 2, 2009, the CDC proposed removing the barrier that HIV is a communicable disease.
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| In Jul 2008, President George Bush signed a law authorizing the Department of Health and Human Services (DHHS) to lift the ban on foreigners with HIV entering the United States. But, despite the authorization, the ban had not been stricken from the DHHS regulations, rather, the Department of Homeland Security had instituted a series of measures designed to "streamline" the process for entry into the U.S. for people living with HIV. The DHHS, until recently, had deemed ineligible for immigrant benefits or inadmissible any HIV-positive alien in the United States seeking adjustment of status or anyone coming into the country. This announcement comes on the heels of the 60 HIV-positive Canadians denied entry into the United States to attend a Jun 2009 summit on housing for HIV-positive people. As a rule change, it would allow the U.S. to host the annual International AIDS conference, which has been held in other countries, most recently in Mexico City, because the U.S., as one of a number of countries, including Brunei, Egypt, Iraq, Yemen, Malaysia, Oman, Qatar, Singapore, Sudan, South Korea, Tunisia, Turks & Caicos Islands and the United Arab Emirates; to bar HIV-positive people from entering the country. | ||
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| The CDC notice referred to 42 CFR Part 34, Docket No. CDC-2008-0001, stated that it is proposing to revise Part 34, the "Medical Examination of Aliens - Removal of Human Immunodeficiency Virus (HIV) Infection from Definition of Communicable Disease of Public Health Significance," and is proposing to remove references to HIV from the scope of examinations in its regulations.
According to the notice, aliens infected with a "communicable disease of public health significance" are inadmissible into the United States under the Immigration and Nationality Act (INA). But, providing historical context, the notice continued, that the Tom Lanton and Henry Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act of 2008, part of the Jul 2008 legislation reauthorizing the President's Emergency Plan for AIDS Relief (PEPFAR) had removed language from the INA, which had previously mandated that HIV be on the list of diseases that bars entry into the U.S. | ||
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| The policy rule change, according to the notice, means that previously, HIV-positive aliens already resident in the United States, who were considered inadmissible for immigrant benefits; are now eligible to apply for adjustment of status under relevant visa categories. "Aliens who are already in the United States may apply to adjust to permanent resident status pursuant to the family based and employment-based categories described above, as well as several other statutorily-eligible adjustment categories," said the notice. The notice also mentioned that once where medical examinations that included a HIV test were required, under the proposed rule, "testing for HIV infection would be eliminated from these medical examinations," because the scientific rationale for excluding someone who is HIV-positive no longer applies. The DHHS currently requires that if an applicant is infected with HIV and is in the Temporary Protected Status (TPS) - coming from a country with ongoing armed conflict, natural disasters or certain other extraordinary and temporary conditions who were considered inadmissible on medical grounds - are granted a waiver of inadmissibility before TPS is granted. From a global context, the notice refers to the 2004 Joint United Nations Programme on HIV/AIDS (UNAIDS) and the International Organization for Migration (IOM) which issued a document: "UNAIDS/IOM Statement on HIV/AIDS-related travel restrictions," and which provides guidance to governments regarding addressing the public health, economic, and human rights concerns involved in HIV-related travel restrictions. The document concluded that "HIV-related travel restrictions have no public health justification." | ||






























