Just Say No – to the HIV Ban

In Korea recently, a foreign English language teacher avoided being tested for HIV under that country’s immigration laws – simply by refusing to comply with their requirements. After being in the country for three years she felt that there was no reason for the government to begin to question her health status. Rather than submit HIV test results, she handed the government official a letter which stated, `Unfortunately, I will not be submitting the HIV/ AIDS test results or the tuberculosis drug test results that you have requested. These tests unreasonably discriminate against me as a foreigner living in Korea and are a violation of my human rights.” The immigration official then renewed her visa.

Could this approach work in the United States? Probably not, unless every individual required to take an HIV test for immigration purposes refused to do so. While this article points out a novel approach to civil disobedience, it also highlights the fact that the U.S. continues to be among a small minority of countries with HIV-based restrictions for non-immigrants.

Eight months have passed since the statutory HIV ban was lifted. It’s time for the Department of Health and Human Services to issue regulations lifting the HIV ban on travel and immigration once and for all.