Issues at the Border: Travel and Immigration Restrictions

Pages69-71

Issues at the Border: Travel and Immigration Restrictions

Page 69

The Issue

Many countries impose restrictions on HIV-positive persons entering into the country. These restrictions may apply to short-term visitors (travelers, for business or personal visits, or tourism) or long-term visitors (students, workers, refugees, immigrants). Protection of the public from communicable diseases is a traditional ground to deny would-be visitors or immigrants entrance to countries. These restrictions are designed to prevent the introduction of infectious diseases into susceptible populations and to prevent infected visitors or immigrants from becoming a public charge. Laws and policies that restrict entry based on HIV status or that require a declaration of HIV status or HIV testing are frequently criticized as being ineffective at stopping the spread of HIV and imposing undue and arbitrary restrictions on personal liberty.

Legal and Policy Considerations

In general, national governments have the legal authority and discretion to restrict entry into their country, so long as these restrictions do not contradict international treaties to which they are members or violate domestic laws pertaining to travel or immigration. A common approach used by many countries requires those seeking to enter the country to declare their HIV status or submit to an HIV test. Most countries that have adopted these approaches only target long-term stays- usually six months or more-or permanent residency for HIV-positive people. However, a few countries, including the United States, bar any person who declares that they are HIV-positive from entry to the country, usually with the opportunity to apply for a waiver.

Countries that have entry restrictions based on HIV status generally justify them on public health grounds. The argument is that by screening for and denying entry of persons with HIV, a country could prevent the introduction and propagation of the disease within the country. Additionally, because many people with HIV are asymptomatic, testing may provide early detection and the ability for people to seek treatment earlier in the course of the disease (although most countries with restrictive entry policies do not provide HIV counseling or treatment services to persons at the border). A second common justification used for HIV entry restrictions is that limiting...

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