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25 Immigr. & Nat'lity L. Rev. 877 (2004)
Lifting the Ban on HIV-Positive Immigrants: The Only Feasible Way to Circumvent Current U.S. Immigration Policy

handle is hein.journals/inlr25 and id is 889 raw text is: COMMENT

LIFTING THE BAN ON HIV-POSITIVE IMMIGRANTS:
THE ONLY FEASIBLE WAY TO CIRCUMVENT CURRENT
U.S. IMMIGRATION POLICY
John Neil Grindstaff*
INTRODUCTION
The United States' policy of excluding HIV-positive immigrants has had
a devastating impact on those who have been denied entry into the
country due to their HIV status. In June 2004, the Joint United Nations
Programme on HIV/AIDS (UNAIDS) and the International Organization
on Migration (IOM) prepared a unified statement that denounced HIV-
related travel restrictions.' Global surveys estimate that as many as 101
countries maintain some restriction on the right of HIV-positive persons
to travel within their borders.2 Most countries, including the United
States, that employ exclusionary bans justify the policy as being
indispensable to protecting public health from the possible spread of
HIV/AIDS and preventing an impending invasion of HIV-positive
immigrants, which would significantly increase government healthcare
Associate Member, 2004-2005 Immigration and Nationality Law
Review.
The Joint United Nations Programme on HIV/AIDS and the Inter-
national Organization on Migration, UNAIDS/IOM Statement on HIVIAIDS-
Related Travel Restrictions 1 (June 2004)(stating that [t]he candidate
immigrant, refugee, student or other traveler may simultaneously learn that s/he
is infected with HIV, that s/he may not be allowed to travel, and possibly that
his/her status has become known to government officials, or to family,
community, and employer, exposing the individual to possibly serious
discrimination and stigma), available at <http://www.unaids. org/NetTools/M
isc/DocInfo. aspx?LANG=en&href=http%3 a%2 f'/o2 fgva-docowl%2 fWE
Bcontent% 2 f Documents%2fpub%2fUNA-docs%2fUNAIDS-IOM_
TravelRestrictionsen%26%2346%3bpdf> (last visited May 1, 2005).
2  Id. (citing Deutsche AIDS Hilfe, Quick Reference, Travel and
Residence Regulations for People with HIV/AIDS (2000), at <http://www.
aidshilfe.de>).