On July 2, the Center for Disease Control and Prevention (CDC), a division within the U.S. Department of Health and Human Services (HHS), proposed to change federal regulations which, if approved, would allow HIV infected individuals to enter the U.S. Currently, aliens outside the U.S. with a “communicable disease of public health significance” are ineligible to receive a visa and therefore ineligible for entry into the U.S.

HHS/CDC proposes to remove HIV from the definition of “communicable disease of public health significance” and from the medical examinations that aliens must take in order to immigrate into the U.S. Under the current definition, communicable diseases of public health significance include: active tuberculosis, infectious leprosy, chancroid, lymphogranuloma, venereum, granuloma inguinale, and HIV infection.

The CDC’s proposal states that HIV is not a “communicable disease that is a significant threat for introduction, transmission, and spread to the U.S. population through casual contact.” The CDC has determined that HIV can be passed through the following mechanisms: “unprotected sexual intercourse with an HIV-infected individual, sharing needles contaminated with HIV, mother-to-child transmission of HIV before or during pregnancy or through breast milk, and blood transfusions or blood products infected with HIV.”

This proposal comes after the Tom Lantos and Henry Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 removed HIV from the Immigration and Nationality Act, which includes a list of diseases that can bar entry to the U.S.

If the proposal is passed, HIV infected aliens will not be denied entry into the U.S. due to having HIV. The American Immigration Laws Association fully supports this change to regulation, stating many positive outcomes including: strengthening families by uniting them, bigger and better work force for companies, and the opportunity to spread awareness about HIV by inviting HIV infected scientists, researchers, and other individuals who were previously excluded.

Currently, the CDC is accepting public comments on this proposed federal regulation change. Comments will be accepted through August 17 and may be submitted online at Regulations.gov, via email to Part34HIVcomments@cdc.gov, or via post mail to:

Division of Global Migration and Quarantine, Centers for Disease Control and Prevention
U.S. Department of Health and Human Services
Attn: Part 34 NPRM Comments
1600 Clifton Road, NE., MS E–03
Atlanta, Georgia 30333

For more information, please read the HHS’ proposed rule change (pdf).