U.S. Senate Abolishes Immigration Ban Against People With HIV

July 17, 2008 1:29 p.m. EST

Washington, D.C. (AHN) - With its approval on Wednesday of a $48 billion bill to fight AIDS around the world, the Senate repealed a 20-year old ban against HIV-positive people from visiting or living in the United States.

The provision to abolish the travel ban was part of the larger measure called President's Emergency Plan for AIDS Relief (PEPFAR) that the Senate voted to pass by a vote of 80-16.

HIV is the only medical condition banned under U.S. immigration law. The ban stems from a 1987 bill authored by the late North Carolina Sen. Jesse Helms which prohibits people infected with HIV from traveling or immigrating to the United States. Twelve other nations have similar bans.

"We are one step closer to ending a discriminatory practice that stigmatizes all those living with HIV, squanders our moral authority, and sets us back in the fight against AIDS," Sen. John Kerry (D-MA), who sponsored the provision along with Sen. Gordon Smith (R-OR), said in a written statement after the vote.

Human Rights Campaign (HRC), an LBTG advocacy group, and other civil rights organizations hailed the Senate's repeal of the ban.

"We applaud the Senate for rejecting this unjust and sweeping policy that deems HIV-positive individuals inadmissible to the United States," HRC President Joe Solmonese said in a news release. "We call on the leaders of the House and Senate to retain the Kerry-Smith provision in conference and ensure it is included in the final legislation sent to the president's desk."

The Senate's version of the PEPFAR, along with the provision repealing the travel ban, will need to be reconciled with the version passed by the House in April. The legislation will then be sent to President George W. Bush for signing.

Bush thanked lawmakers on Wednesday for bipartisan support for his bill, despite the measure's going beyond the $30 billion he had originally requested.

"We are one step closer to ensuring that this excellent program continues to help those in need. I encourage the full Congress to move quickly to send me final legislation that I can sign," the president said.