Published August, 2007
HIV Nondiscrimination in Travel and Immigration Act of 2007, H.R. 3337, U.S. House of Representatives, 110th Congress, First Session
On August 2, 2007, U.S. Rep. Barbara Lee of California introduced a bill to repeal Congress' 1993 statutory exclusion of HIV-positive immigrants and return the authority to determine this policy to the U.S. Secretary of Health and Human Services. The bill would require the HHS Secretary to review the ban on HIV-positive immigrants, allowing for a public comment period before HHS makes its recommendation to Congress on whether to repeal or maintain the ban. The bill's introduction sets out a concise summary of the history of the HIV immigration exclusion, which began as a federal administrative decision and policy and became law in 1993 when President Clinton's Secretary of HHS proposed lifting the ban.
The 1993 statutory exclusion was subsequently repealed by Congress in 2008.
Regulations removing HIV from the list of communicable diseases of public health significance were passed in November 2009, and the HIV ban is no longer in effect as of January 4, 2010. For additional information, please see CHLP's Know Your Rights fact sheet on the lifting of the ban.
Copyright Information: CHLP encourages the broad use and sharing of resources. Please credit CHLP when using these materials or their content. and do not alter, adapt or present as your work without prior permission from CHLP.
Legal Disclaimer: CHLP makes an effort to ensure legal information is correct and current, but the law is regularly changing, and the accuracy of the information provided cannot be guaranteed. The legal information in a given resource may not be applicable to all situations and is not—and should not be relied upon—as a substitute for legal advice.