HIV and immigration
Since 1988, the first day of December has been commemorated as World AIDS Day in order for all people worldwide to raise awareness and to stand united against this dreaded disease caused by HIV infection. It is also a day to remember those who have succumbed to this pandemic that until now still boggles the scientific community of even the most advanced countries.
In the Philippines alone, the latest data from the HIV/AIDS Registry collected and maintained by the Department of Health showed some very staggering revelations. In June 2016, there were 841 new cases which was the highest number of cases ever reported in a year since 1984. Of these 841, the National Capital Region ranked first with 335 new cases while Region 7 placed third with 121 new ones. From January to June 2016, there were a total of 4,643 new reported cases of HIV/AIDS. And that is the reported cases alone. The same registry put it more bluntly: In 2016, there are 26 people newly diagnosed with HIV/AIDS on a daily basis!
HIV/AIDS, being a global catastrophe, has not only caused a massive public health nightmare but has a very profound impact on the individual afflicted by it. While it is already beyond imagination what kind of physical pain one suffers while living with the disease, the secondary trauma of stigma and discrimination is also their enduring burden. I cannot think how one would have to courage to report his suspicion that he may have HIV/AIDS when if diagnosed to be true, he would be shunned away by his own family, friends, and his community. How many are brave enough to avail of proper medical care when such disease is being thought of as a divine punishment for human frailties to sex, unconventional lifestyle, and irresponsible and risky behavior? It takes a ton of effort, resources, and time to minimize or eradicate the prejudice and negative attitudes of society against people living with HIV/AIDS.
As far as US immigration is concerned, do you know that from 1993 until 2010, HIV was among the reasons that you can be denied of a greencard or even short-term visa such as a tourist visa? It was only on January 4, 2010 that the HIV ban was lifted after a long and tedious process of removing HIV from the list of communicable diseases of public health significance and winding through its way around the bureaucratic processes of the federal government. However, while being HIV positive per se is no longer an automatic ground for inadmissibility, it could still have an impact on your visa application if the US immigration officer thinks that your condition will likely make you a burden to the government.
I remember I had one male client who called and asked me if his boyfriend could come and visit him in the US despite the latter being HIV positive. At that time, he could not since the HIV ban was still in effect. His boyfriend's condition was getting worse by the day and I am guessing he did not live long enough until the ban was lifted. It was such a sad situation but at that time, that form of discrimination against HIV/AIDS was still prevailing. It took more than two decades for the US government to finally recognize the human element of this disease.
I am hoping that as the Philippines continues to address this growing public health crisis both in prevention and treatment, its approach should also be balanced by devoting additional resources in ensuring that people with HIV/AIDS are not being subjected to another level of secondary trauma by enacting legislation that promotes and protects their rights; punishes discrimination in employment, housing, and education. There should also be more availability of and easier access to social welfare programs with emphasis on legal, mental health, and psychological support systems; continuing public awareness and education programs; and recognition of the very basic fact that the HIV/AIDS epidemic is not only a public health dilemma but is also a human rights issue.
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