AIDS and the Law Page: 22 of 24
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AIDS AND THE I-AW
tions for SSI or SSDI. How the application is filled out can make a big
difference in whether it is approved.
IMMIGRATION
Can the INS require me to take an HIV test? What are the conse-
quences of testing positive?
Since December of 1987, the Immigration and Naturalization Service
(INS) has required most immigration applicants to take an HIV test as
part of the medical examination. It is strongly recommended that you
test yourself anonymously first, so that you can be provided counseling
and so that the results will not any way be connected to the INS. If you
are involved in the immigration process and if you test positive on the
HIV test and/or have any concerns in this area, contact your local AIDS
related service provider for a legal referral. A positive test result does
mean that you are definitely ineligible to apply for immigration ben-
efits. Waiver provisions are available for some classes of applicants. Any
HIV-positive person should obtain immigration counseling, whether
they are applying under IRCA or as a refugee or asylum seeker.
DISCRIMINATION BY BUSINESSES
OR SERVICE PROVIDERS
Can restaurants or stores or health care providers discriminate against
me because of my HIV status?
Probably not. The federal Americans with Disabilities Act (ADA) pro-
hibits disability-based discrimination in places of public accommoda-
tion. "Public accommodations" include essentially every imaginable
type of business and service provider, such as doctors, dentists, pharma-
cists and any health care provider; hotels, restaurants, movie theaters,
convention centers and health spas; bakeries, clothing stores and any
business that sells or rents items; dry-cleaners, banks, travel services and
any business that provides commercial services; museums, parks and
schools; homeless shelters, adoption agencies and adoption programs
PAGE 22
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AIDS and the Law, pamphlet, Date Unknown; (https://texashistory.unt.edu/ark:/67531/metadc1457499/m1/22/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.