The U.S. Senate's vote today in favor of the President's Emergency Plan for AIDS Relief marked an important step toward lifting a 21-year bar to entry for foreigners who are HIV-positive.

The President's Emergency Plan for AIDS Relief (PEPFAR, S.2731) bill passed in the Senate by strong bipartisan vote of 80-16. The bill reauthorizes critical funding programs to prevent the spread of HIV and to treat AIDS, tuberculosis, malaria, and related communicable diseases. The bill also removes the ban on entry into the United States and lawful permanent residence for individuals with HIV, a ban that has been in effect since 1987. 

As Senators John Kerry (D-MA) and Gordon Smith (R-OR) recently wrote to their colleagues in the Senate, "This ban was enacted at a time of rampant intolerance and fear about the HIV virus and how it is spread."  NIJC commends Senators Kerry and Smith for their leadership on this issue and their firm commitment to ensuring the repeal provision of PEPFAR survived Senate floor debate. 

"It is long past time to end this unnecessary and discriminatory ban," said Jonathan Eoloff, coordinator for Heartland Alliance's National Immigrant Justice Center's National Asylum Partnership on Sexual Minorities. "If this statutory bar is repealed, HIV and AIDS will be treated the same as any other communicable disease under our immigration laws."

Under the PEPFAR provision, the Department of Health and Human Services would determine whether an HIV-positive immigrant seeking admission to the United States presents a public health risk. The bill does not grant automatic entry to the United States for HIV-positive individuals, nor does it provide these individuals with medical care in the United States. 

By passing PEPFAR and repealing the HIV bar, our leaders in Congress can remove the stigma against HIV and AIDS from our nation's immigration law and help restore the reputation of the United States as a leader in the global fight against AIDS. 

The National Immigrant Justice Center urges the U.S. House of Representatives to pass the Senate version of PEPFAR and encourages President Bush to sign the bill into law as soon as possible.

The National Immigrant Justice Center, a partner of Heartland Alliance for Human Needs & Human Rights, provides direct legal services to and advocates for immigrants, refugees, and asylum seekers through policy reform, impact litigation, and public education.