On July 16, 2008, the U.S. Senate passed a measure to authorize $48 billion over the next five (5) years to fight AIDS and other diseases overseas (S. 2731). The bill includes a provision that repeals the HIV travel / immigration ban by amending the current health-related ground of inadmissibility to exclude any reference to HIV. This provision returns the authority to the Department of Health and Human Services to determine whether individuals with HIV should be permitted to travel to the United States.
The ban was enacted in 1987 at a time of rampant fear about the HIV virus and how it is spread. While the Department of Health and Human Services evaluates all other diseases to determine if a travel ban is appropriate, only HIV has been designated as a specific ground of inadmissibility under the United States immigration statute. There are only twelve (12) countries that ban travel for individuals with HIV.
The House, which passed its version of the bill (H.R. 5501) in April 2008, is expected to adopt the Senate version of the legislation as early as this week. President Bush is expected to sign the bill into law.
We will provide further information as soon as it becomes available.
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