Immigration Law

USCIS IGNORES CONGRESS AND CONTINUES TO DISCRIMINATE AGAINST HIV POSITIVE PEOPLE

By Greg Siskind

In July, Congress voted to scrap the ban on travel by HIV-positive individuals. This week USCIS announced it is going to issue regulations to "streamline" the entry process for HIV-positive people rather than following the directive of Congress and ending the ban. Congresswoman Barbara Lee (D-CA) who led the congressional effort was very displeased at the news:

"I am disappointed that the Administration has decided to move ahead and finalize this rule to clarify the visa waiver process for HIV positive short term visitors to the United States.The rule itself remains fundamentally flawed because it is grounded on an unjust and discriminatory policy that has no basis in public health."

Immigration Equality, the advocacy organization for same sex immigrant couples, noted

Under the new rules, a short-term traveler must meet twelve stringent criteria that impose unnecessary burdens on HIV-positive travelers and continue to stigmatize those living with HIV.  Some criteria are inconsistent with current medical knowledge of HIV transmission and treatment.

Additionally, a traveler who avails him- or herself of the waiver must give up the right to apply for a green card from within the United States ? even if he or she marries a U.S. citizen.  By DHS?s own account, the ?streamlining? provided by  this rule simply shaves off eighteen days in processing time by allowing Department of State consular officers to make decisions on waivers without sending them to DHS for approval.
                  
"We are on the eve of lifting this ban once and for all.  Why is the Administration setting new waiver requirements in stone now?," asked Neilson. "The time has come for this Administration to finish the job that Congress started this summer.  It?s time to lift the HIV ban."

Full post as published by Greg Siskind's Blog on October 02, 2008 (boomark / email).