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185 Organizations Urge Secretary Leavitt to Remove HIVEntry Ban

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On Behalf Of Carl

Schmid

Date: August 12, 2008

Secretary Mike Leavitt

The U.S.

Department of Health and Human Services

200

Independence Avenue, S.W.

Washington,

D.C. 20201

Dear Secretary Leavitt,

Last week, President Bush signed a historic piece of legislation, the reauthorization

of the President’s Emergency Plan for AIDS Relief. This legislation

solidifies the United States’

position as the world leader in the fight against the AIDS pandemic. It

also will remove an anachronistic provision of the Immigration and Nationality

Act (“INA”) which statutorily declared all non-citizens with HIV

inadmissible to the United

States. With the end of the statutory

ban on HIV, the Department of Health and Human Services (“HHS “)

now has the authority to end the HIV ban on travel and immigration.

We write to urge you to act swiftly to remove HIV from the list of

“communicable diseases of public health significance.” As you

are no doubt aware, in 1991 and again in 1993, HHS issued proposed regulations

seeking to remove HIV along with all other illnesses except for active

tuberculosis from its list. HHS was poised to issue final regulations to

this effect when Congress amended the INA in 1993 to revoke HHS’s

discretion to remove HIV from the list.

As HHS determined fifteen years ago, HIV is not transmitted through

casual contact and as such there is no public health reason to exclude

non-citizens who carry the virus. Recent years have seen extraordinary

advances in the treatment of HIV that have transformed HIV disease to a manageable,

chronic illness for many.

As the President stated before signing the bill, “ I want to

speak directly to those around the world who have, or think they may have, HIV:

A positive diagnosis does not have to be a reason for shame. So don't let shame

keep you from getting tested or treated.”

We could not agree more. It is time for the United States to end this vestige

of discrimination and stigma against people living with HIV and we call on HHS

to carry out the will of Congress and the President and remove HIV from the

list immediately.

Sincerely,

Advocates

for Youth

African

Services Committee

AID FOR

AIDS International

AIDS Alliance for

Children, Youth & Families

AIDS

Action Council

AIDS

Charitable Trust of New Mexico

AIDS

Coalition to Unleash Power (ACT UP Philadelphia)

AIDS

Community Research Initiative of America

AIDS

Foundation of Chicago

The AIDS

Institute

AIDS

Legal Referral Panel

AIDS

Legal Council of Chicago

AIDS

Project Los Angeles

(APLA)

AIDS Services

Foundation Orange County

AIDS

Taskforce of Greater Cleveland

AIDS

Treatment Activists Coalition

AIDS

Vaccine Advocacy Coalition (AVAC)

AIDS

Volunteers, Inc (AVOL)

Alameda County Office of AIDS Administration

Albany Damien

Center

American Academy of HIV Medicine

American-Arab

Anti-Discrimination Committee

American

Civil Liberties Union

American

Immigration Lawyers Association

American

Jewish World Service

American

Medical Student Association

American

Psychological Association

Asian

American Justice Center

Asian

and Pacific Islander American Health Forum

Asian

and Pacific

Islander Wellness

Center

Asian

and Pacific Islander Coalition on HIV/AIDS (APICHA)

Asian

Law Caucus

Asian Pacific

American Legal

Center (APALC)

Asian

Pacific AIDS Intervention Team, L.A.

Asian

Pacific Islander HIV/AIDS Caucus of Los Angeles County

Asian Youth

Center

Association

of Nutrition Services Agencies

Benedictine

Order of St.

the Beloved

Berd

& Klauss, PLLC

BIENESTAR

The

Boalt Hall Committee for Human Rights at UC Berkeley School of Law

Breakthrough

The

Bridge Inc.

Cambridge Health Alliance

Casa de

Esperanza

Cascade

AIDS Project

Catholics

for Choice

Catholic

Charities AIDS Services, Albany

Center

for Health and Gender Equity (CHANGE)

Center

for HIV Law and Policy

Center

for Women Policy Studies

Church

World Service

Cicatelli

Associates Inc

Communities

Advocating Emergency AIDS Relief (CAEAR Coalition)

Community

HIV/AIDS Mobilization Project (CHAMP)

Community

HIV/Hepatitis Advocates of Iowa

Network

Community

4 immigrant rights

Cyrus D.

Mehta & Associates, PLLC

East Bay Community

Law Center

Ecumenical

Ministries of Oregon

Glaser Pediatric AIDS Foundation

Empire Justice Center

Eureka Sisters

Florida

Immigrant Advocacy Center, Inc.

Florida Coastal Immigration Clinic

Foundation

for Integrative AIDS Research

The

Foundation for AIDS Research (amfAR)

Frannie Peabody

Center

Frey Law

Office

Friends

of the Global Fight Against AIDS, Tuberculosis and Malaria

Fuerza

Mundial,Collaborative

Gay

Men’s Health Crisis (GMHC)

town Law Human Rights Action (GHRA

Global

Access Project (GAP)

Global

AIDS Alliance

Global

Campaign for Microbicides

The

Global Health Council

GROUP

Ministries, Inc.

Harlem

United Community

AIDS Center

Hastings College PHIVE-O

Health

GAP (Global Access Project), New

York City

Hispanic

Federation

Housing

Works

HIV

ACCESS

HIV and

AIDS Legal Services Alliance

HIV and Hepatitis.com

HIV Law

Project

HIV

Medicine Association

HIVictorious,

Inc

Homeless

Health Care Los Angeles

Human

Rights Campaign

Human

Rights First

Humboldt

County

AIDS

Task Force

Hyacinth

AIDS Foundation

Idaho Community Action Network (ICAN)

Illinois Coalition for Immigrant and Refugee

Rights (ICIRR)

The Immigrant Legal

Resource Center

in San FRancisco.

Immigrant Law

Center of Minnesota

Immigrant

Legal Advocacy Project (ILAP)

The Immigrant Legal

Resource Center

in San FRancisco

Immigration

Equality

International

AIDS Empowerment, TX

International

AIDS Society

International Center for Research on Women

International

Rectal Microbicide Advocates

International

Women’s Health Coalition

Jamaica Business Council on HIV & AIDS

(JaBCHA)

Kentucky Coalition for Immigrant and Refugee

Rights (KCIRR)

Kentucky Domestic Violence Association

Los

Angeles Gay & Lesbian

Center

Lambda

Legal

Latino

Commission on AIDS

Law

Offices of Iandoli & Associates, P.C.

Legacy

Community Health Services (Houston, TX)

Legal Action

Center

The

Legal Aid Society (NYC)

The

Lesbian, Gay, Bisexual & Transgender Community Center

Life

Line Plus Foundation

Lifelong

AIDS Alliance (Seattle, WA)

Maggio

& Kattar

Marin

AIDS Project

Mennonite

Central Committee U.S. Washington Office

Michigan Positive Action Coalition (MI-POZ)

The Minnesota AIDS

Project

National

Alliance

of State and Territorial AIDS Directors

National

Asian Pacific American Women's Forum

National

Association of Social Workers

National Center for Lesbian Rights

National

Council of Jewish Women

National

Health Law Program

National

Immigrant Justice Center

National Immigration

Law Center (NILC)

National

Immigration Project of the National Lawyers Guild

National

Korean American Service & Education Consortium (NAKASEC)

National

Latina Institute for Reproductive Health

National

Women's Health Network

New York AIDS Coalition

New York Immigration Coalition

North Coast AIDS Project

Northwest

Immigrant Rights Project

Northern Manhattan Perinatal Partnership

Ohio AIDS Coalition

Okalosa AIDS

Support and Informational Services, Inc. (OASIS)

Open

Society Institute

Orange County Asian Pacific Islander AIDS Action

Network

Orlando Health

Our

House of Portland

Owensboro

AIDS Taskforce, Inc

Pangaea

Global AIDS Foundation

Partnership

Project

Parents,

Families, and Friends of Lesbians and Gays (PFLAG) Hastings Nebraska

Physicians

for Human Rights, USA

Political

Asylum/Immigration Representation Project

Program

for Wellness Restoration

Project

Inform

Queer

Humboldt

Raks

Thai Foundation

San Diego Human Dignity Foundation

San

Diego Volunteer Lawyer Program, Inc.

San Francisco AIDS Foundation

D.

Pollock & Associates, P.C.

Siskind

Susser, PC

Sister

Love Inc

South

Asian Americans Leading Together

Southwest Center for HIV/AIDS

Spokane AIDS Network

Student

Global AIDS Campaign

The

Sylvia Law Project

TII CANN

- Title II Community AIDS National Network

Terrence

Higgins Trust (THT)

Test

Positive Aware Network

Tororo Forum

for People Living with HIV/AIDS Networks (TOFPHANET) in Tororo Uganda.

Trans

Equality Los

Angeles

Transgender Law Center

Treatment

Action Group

Tri-State

Alliance

Tulsa College of Law – Immigrant Rights

Project

United Methodist

Church,

General Board of Church & Society

Urban

Coalition for HIV/AIDS Prevention Services : UCHAPS

Valley

AIDS Information Network, Inc.

Vermont PWA Coalition

Whitman-

Clinic

Women

Organized to Respond to Life-threatening Diseases (WORLD)

World Organization

for Human Rights, DC

Wren

& Gateways Law Group, LLC

Carl Schmid

Director of Federal Affairs

The AIDS Institute

Washington DC

202/462-3042

cell: 202/669-8267

fax: 202/328-0467

cschmid@...

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