Does HIV Testing Violate Immigrants Rights?
Posted Sep 24, 1999 In this article, we briefly discuss the issue of whether HIV testing violates the rights of those intending to immigrate into the U.S. Needless to say, we espouse a humanitarian approach to this controversial issue and raise potential legal arguments for those who are suffering, often in silence, as a result of the U.S. immigration policy on this issue. The relevant question should be: Does our immigration policy prevent or stop AIDS? As millions of dollars fund the INS exclusion, resources are scarce for AIDS education and treatment. Foreign nationals already living in the U.S. — legally or not — are forced underground, missing crucial preventative counseling. Other factors for us to consider include: testing costs, and the loss of international commerce, tourists, talented people, and skilled workers. Under the United States Immigration and Naturalization Act (INA), anyone over the age of fifteen who hopes to adjust status to permanent residence in the United St