U.S. Homeland Security Still Refusing HIV+ Travelers

July, 2008, Sentate vote repealing the 1993 law mere posturing?

U.S. law states that medications must be carried in original pack-aging. Carrying HIV meds can still get you refused by DHS. Knowledge is power.U.S. law states that medications must be carried in original pack-aging. Carrying HIV meds can still get you refused by DHS. Knowledge is power.

On Sunday, October 5, 2008, I was refused entry into the United States because I was carrying HIV medications. I had drugs for two other medical conditions with me, but as soon as the DHS (Department of Homeland Security) officer read the label of my HIV prescription, the interview was over. I was taken to a holding area and told I was being denied entry based on a danger I posed to public health.

 

I pleaded as best I could, telling them I wasn't even staying in the U.S. except for a necessary stopover in Miami. I told them I'd traveled many times without problems in the past; they could check my records. None of this impressed the scowling security officer.

 

My luggage was searched and I was taken to a room where I was fingerprinted and photographed. I was told if I ever wanted to travel in the U.S. again I would have to apply for a medical waiver. The name of a physician in Toronto was provided, with a form—which seemed to indicate a $245 fee to be paid for the privilege of making this application to Washington.

 

I was then taken to a crowded and locked room for a couple of hours while security arranged to have me escorted out. Upon returning to Toronto, I contacted the good lawyers HALCO—who told me they had been curious to see if the Senate's vote in July would be rolled out in practice or if it was just political posturing—but as I expected, I have no legal recourse. (Read the DHS's HIV Waiver "Final Rule" resulting from the July 2008 vote or details of the current status of the ban)

 

To share my perspective: I am because of my health unable to work permanently, so this trip represented hard months of saving and planning to take a holiday that I'd hoped would help my depression and rejuvenate my spirit. But these discriminatory practices hurt more than just people's feelings: there has never been an international AIDS conference in the U.S. because of them. Tourism hurts, too. The irony is that Canadians infected with HIV are more likely to be treated and medicated and therefore less of a threat to public health than the many HIV+ Americans who can't afford healthcare.

 

I hope this site and your donations will warn other travelers in situations like mine. (I should also say that although I have serious physical limitations, I am not to look at leaning upon Death's door: this could happen to anyone with HIV).

Special Thanks:

no donations yet - any amount gets you special thanks*

  1. Your Name Here
  2. Another Donor
  3. Another Donor
  4. Another Donor
  5. Another Donor

*note that it may take up to 24 hours for your name to appear