Sen. John Kerry introduced legislation to repeal outdated, misguided provisions in the Immigration and Nationality Act (INA) that bar HIV-positive individuals from entering the United States, including HIV positive doctors and experts as well as refugees seeking asylum. The bill is co-sponsored by Sen. Gordon Smith, R-Ore.

“It’s incredible that the federal government still tolerates a ban that not only restricts AIDS experts with the disease but also refugees who are seeking asylum in our country,” said Sen. Kerry. “My legislation will end this draconian law.

Frank Donaghue, Chief Executive Officer of Physicians for Human Rights based in Cambridge, Mass., applauded the introduction of the bill. “There have never been public health grounds for denying people living with AIDS admission to the United States,” Donaghue said. “The current policy violates the human rights of people with AIDS and has stigmatized them for more than 15 years. We welcome the Kerry-Smith bill.”

Since 1993, the INA has designated HIV as grounds for inadmissibility to the U.S. A cumbersome waiver option is available to those wishing to enter this country, but the process is incredibly restrictive. Kerry’s bill would strike the HIV restrictions from the INA and ask for a full review of the public health aspects of travel and immigration restrictions against those with HIV.

President Bush acknowledged that the waiver system was a problem on World AIDS Day in 2006 when he asked the Department of Homeland Security to streamline the process. However, the proposed regulations are arguably more restrictive and intrusive.

There are 12 proposed requirements of visitors and immigrants to this country that have HIV. The most egregious hurdles include: disclosure of HIV status to consular officials in the individual’s home country; certification that the individual has all medication necessary for the duration of their stay in the U.S., certification that no symptoms are being exhibited, and a commitment to avoid all high-risk behavior while in the U.S.