Published on 08/10/2009

Opportunity to comment on CDC proposal coming to a close, Aug 17th

By Sr. Correspondent, Antoine Craigwell

(New York, NY) -On Jul 2, a request signed by the U.S. Secretary of Health and Human Services, Kathleen Sebelius, on behalf of the U.S. Centers for Disease Control, published in the federal register a proposed rule change to the Immigration and Nationality Act (INA), to remove the HIV ban that currently exists for those intending to migrate to the U.S. and for those in the country who are HIV-positive and trying to adjust their status.

The CDC notice referred to as 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," by removing references to HIV from the scope of examinations in its regulations.

The CDC proposal included soliciting comments from the general public, which will end August 17th. The public is invited to submit comments by sending them to part34HIVcomments@cdc.gov.

Information to assist with writing comments, such as links to fact sheets and other comments the CDC has so far received could be found at the CDC..

The CDC proposal referred to 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), which had removed language from the INA, and which had previously mandated that HIV be on the list of diseases that bars entry into the U.S.

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Opportunity to comment on CDC proposal coming to a close, Aug 17th

By Sr. Correspondent, Antoine Craigwell

"While HIV infection is a serious health condition, it does not represent a communicable disease that is a significant threat for introduction, transmission, and spread to the U.S. population through casual contact. As a result of these proposed regulatory changes, aliens would no longer be inadmissible into the United States based solely on the grounds they are infected with HIV and they would no longer undergo HIV testing as part of the routine medical examination.

An arriving alien with HIV infection does not pose a public health risk to the general population through casual contact," the notice said.

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.