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The U.S. Department of Health and Human Services removes HIV as a
disease of public health significance affecting foreign nationals
seeking admission to the United States.

The Department of Health and Human Services (HHS), Centers for
Disease Control and Prevention (CDC), has removed Human
Immunodeficiency Virus (HIV) infection from its definition of
communicable disease of public health significance. Prior to this final
rule, aliens with HIV infection were considered to have a communicable
disease of public health significance and were thus inadmissible to the
United States. While HIV infection is a serious health condition, the
CDC has determined that it is not a communicable disease that is a
significant public health risk for introduction, transmission, and
spread to the U.S. population through casual contact.

As background, beginning in 1952, the language of the immigration
statutes mandated that aliens “who are afflicted with any dangerous
contagious disease” are ineligible to receive a visa and therefore are
excluded from admission into the United States. In April 1986, prior to
the recent developments in medicine and epidemiologic principles
concerning HIV infection, HHS published a proposed rule to include
acquired immunodeficiency syndrome (AIDS) as a dangerous contagious
disease. Also during this time, HHS separately published a proposed
rule to substitute HIV infection for AIDS on the list of dangerous
contagious diseases. While this proposed rule was pending public
comment, Congress added HIV infection to the list of dangerous
contagious diseases. Accordingly and immediately, aliens infected with
HIV became ineligible to receive visas and were excluded from admission
into the United States.

In recognition of both medical advances and CDC’s re-evaluation of
HIV’s health impact on the U.S. population, in the summer of 2008,
Congress amended the immigration statutes on HIV infection returning to
the Secretary of HHS the discretion for determining whether HIV
infection should remain in the definition of communicable disease of
public health significance, discretion which the Secretary recently
exercised by removing HIV infection from the definition of communicable
disease of public health significance.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C.
Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by
the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com.