Lifting HIV travel ban marks end to era of American discrimination Commentary
Lifting HIV travel ban marks end to era of American discrimination
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Victoria Neilson [Legal Director, Immigration Equality]: "On Monday, with relatively little fanfare, the US closed a chapter on an era of discrimination and intolerance. Since 1987, any non-citizen seeking to enter the US was prohibited from doing so if he or she was HIV-positive, unless he or she met the narrow qualifications for a waiver. Likewise, all applicants for lawful permanent residence were required to undergo an HIV test, and if the result was positive, could not move forward with the application without a waiver. Only those applicants with close American relatives were even eligible to submit a waiver.

When President Clinton attempted to lift the HIV travel and immigration ban in 1993, Congress reacted by enshrining the HIV exclusion in the Immigration and Nationality Act. That the ban was the result of homophobia and hate is beyond dispute. As Senator Jesse Helms stated at the time, "I had reached the conclusion that every possible concession had already been made to the AIDS lobby and to the homosexual rights movement which feeds it. But the Clinton administration's kowtowing to this arrogant and repugnant political group is beyond belief." 139 CONG. REC. S1697-02, S1721 (daily ed. Feb. 17, 1993).

For more than two decades, this needless ban has kept families apart, prevented students and skilled workers from bringing their talent to the US, and scared undocumented people with HIV away from testing and treatment. Equally important, the ban has damaged the international reputation of the United States as a world leader in HIV/AIDS education and treatment. For two decades, the US has been unable to host a major AIDS conference. Finally, with the end of the ban, the 2012 conference will occur on US soil.

Being an immigration lawyer, by definition, means facing daily frustrations as we must explain to clients why there are simply no options under existing law. In my fifteen years of practice, yesterday will certainly rank as one of the happiest days. Hearing from people who have been waiting years to visit the US or to apply for permanent residence here and, finally, being able to tell them that their HIV status is no longer relevant to their application has been truly incredible."

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