On August 2, 2007, U.S. Rep. Barbara Lee of California introduced a bill to repeal Congress' 1993 statutory exclusion of HIV-positive immigrants and return the authority to determine this policy to the U.S. Secretary of Health and Human Services. The bill would require the HHS Secretary to review the ban on HIV-positive immigrants, allowing for a public comment period before HHS makes its recommendation to Congress on whether to repeal or maintain the ban. The bill's introduction sets out a concise summary of the history of the HIV immigration exclusion, which began as a federal administrative decision and policy and became law in 1993 when President Clinton's Secretary of HHS proposed lifting the ban.
The 1993 statutory exclusion was subsequently repealed by Congress in 2008.
Regulations removing HIV from the list of communicable diseases of public health significance were passed in November 2009, and the HIV ban is no longer in effect as of January 4, 2010. For additional information, please see CHLP's Know Your Rights fact sheet on the lifting of the ban.