The United States Department of Homeland Security (DHS) is considering amending existing regulations that prohibit the entry of HIV-positive people into the United States. Current U.S. immigration law bars HIV-positive immigrants, tourists, foreign students and business people entry into the country. The proposed amendment, initiated by President Bush on World AIDS Day 2006, would allow HIV-positive visitors to enter the country on short-term business or tourist visas, allowing HIV-positive people to come to the U.S. for short-term, nonimmigrant stays.
Though the travel ban would still be in place, the amendment would allow HIV-positive people to enter the country without being subject to the complex, case-by-case process currently needed for an entry waiver. Visitors would be expected to comply with conditions and requirements to “minimize…the risk to public health.” These conditions could include, for example, having to take antiretroviral medications if medically appropriate and “avoiding behavior” than could transmit infection.
The DHS invites comments, recommendations, views and arguments from the public surrounding the proposed amendment. Comments must be received before December 6, 2007. You can submit comments online at http://www.regulations.gov, or by mail sent to: Border Security Regulations Branch, Customs and Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), Washington, DC 20229.
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