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Home > News

Letter to Secretary Sebelius Urging Action on HIV Listing

June 24, 2009

Kathleen Sebelius, Secretary
The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201

Dear Secretary Sebelius:

I am writing with regard to the U.S. President's Emergency Plan for AIDS Relief (PEPFAR) reauthorization, Public Law 110-293, enacted July 30, 2008, and in particular to the change in section 212(a)(1)(A)(i) of the Immigration and Nationality Act that strikes the reference to HIV infection from the statutory grounds of inadmissibility.  It has been almost a year since enactment, yet people are still being denied entry to the U.S. because HIV has not yet been removed from the HHS list of communicable diseases that prevent entry into this country.

In the past few weeks alone, I was contacted on three separate occasions about this issue.  Two of my constituents had friends denied entry into the U.S. at the Canadian border because of their HIV status.  I was also contacted by the organizers of the Pacific Health Summit about a UK national who was invited to speak at the summit, but was unable to participate as he was found ineligible for a nonimmigrant visa because of his HIV status.  His story was featured in the June 18, 2009 edition of The Seattle Times. 

I understand that HHS is currently working on a draft of new regulations, and I would encourage you to give this issue your highest priority.  While the current regulations for entry into the U.S. allow for a waiver of the HIV inadmissibility provision, many find this process cumbersome, not to mention humiliating, and refuse to participate.

Now is the time to repair our nation’s standing as the leader in the treatment of the AIDS epidemic.  The Bill and Melinda Gates Foundation, the Clinton Foundation, and others have led the world through their efforts.  Now it is time for government to step up and reclaim its appropriate role.

I appreciate your willingness to implement this change and urge you to do what you can to expedite this process. 

Sincerely,

Jim McDermott
Member of Congress