New Rules for HIV-Positive Travelers Raise Questions

The Department of Homeland Security is proposing new travel rules for HIV-positive foreign nationals visiting the United States on a short-term basis. The proposal, released Nov. 5, is open to public comment until Dec. 6.

Current policy has for 20 years barred HIV-positive non-residents from traveling to or transitioning through the United States. Prospective travelers may apply for a 30-day exception for business or leisure from the Department of Homeland Security. There is also an exemption when it is proven the overall benefits outweigh the public health risk. Except in very limited circumstances, it prohibits infected non-residents from gaining legal status or immigrating to the country.

The proposed new rules would still allow 30-day visits, said Gay Men's Health Crisis (GMHC), although Border and Customs officials could stamp passports for a 60-day stay. But now non-residents would need to prove they know how HIV is transmitted; prove there would be no "anticipated medical care" during the stay; carry adequate supplies of medicine for the travel period; and show proof of US accepted medical insurance and sufficient assets to cover unanticipated care. In addition, immigration status and the length of stay could not be changed while here, leaving seekers of asylum or permanent residency in limbo, said Nancy Ordover, GMHC's assistant director of research and federal affairs.

"In its least troubling provisions it makes no changes and leaves intact a very bad policy," Ordover said. "In its most troubling provision it actually adds a burden to HIV-positive travelers and it actually requires people to forgo certain rights and opportunities."

Last year on World AIDS Day, the Bush administration announced it would issue an executive order to do away with the requirement of waivers for HIV-positive non-residents on short-term visits. But none materialized, said Kathy Drasky, spokesperson for Out 4 Immigration.

The United States is one of 13 countries that bar HIV-positive foreign nationals from visiting or immigrating, according to immigration advocates. For more information or to register a comment, go to www.regulations.gov, right-click "search for dockets" at the top, and submit the docket number USCBP-2007-0084.

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