Update on Immigration Issues and the Participation of Sex Workers and People who use Drugs June 2011

Recognizing that sex workers and people who use drugs are severely impacted by HIV/AIDS and have unique and valuable expertise in HIV/AIDS prevention and treatment, organizers of the XIX International AIDS Conference (AIDS 2012) and our colleagues at the International Network of People who Use Drugs (INPUD) and the Global Network of Sex Work Projects (NSWP) are working together to ensure that AIDS 2012 is as inclusive as possible of both of these communities. U.S. government restrictions on the entry of sex workers and people who use drugs into the country will make it difficult or impossible for some members of these communities to attend the conference and we are working to find the best solutions to the challenges presented by these restrictions. Background Organizers have expressed concerns to U.S. government officials about the strict restrictions on the entry of sex workers and people who use drugs as visitors to the U.S., noting that preventing these individuals from attending AIDS 2012 will be harmful to the global response to HIV. Conference organizers also recognize that it is not possible to change U.S. immigration laws before the conference. As a result, some members of the groups affected will decide not to attend and others will be denied visas and face a difficult waiver procedure to enter the U.S. In light of these facts, the Conference Coordinating Committee (CCC) formed a Working Group (WG) to work on its behalf to ensure the greatest possible inclusion of all stakeholder groups with a focus on sex workers and people who use drugs. The WG includes members of the CCC and representatives of INPUD and NSWP as full members.1 The WG researched U.S. visa regulations and processes for the entry of sex workers and people who use drugs into the U.S. and WG representatives met with U.S. government officials. People who are denied a visa on the basis of prostitution or drug use can apply for a waiver (called a waiver of grounds of inadmissibility). Getting a waiver is difficult, expensive and could cause additional problems for individuals who apply for it. The WG discussed the possibility of asking for a single waiver that would cover all delegates denied a visa, but because prostitution and drug use are illegal in the U.S., the U.S. government

The immigration working group is made up of 1 representative of the UN family, Greg Smiley; 1 representative of the local (U.S.) community partners, Phill Wilson; 1 representative of the U.S. Government, Gregorio Millett; 2 representatives of the international community partners, Kevin Moody (Co-Chairperson) and Beri Hull (Co-Chairperson); 1 representative of the IAS, Mats Ahnlund; 1 representative of NSWP, Ruth Morgan-Thomas; and 1 representative of INPUD, Jude Byrne.

must review each waiver application one by one. More information about the visa requirements and waiver process will be posted on the conference website. Current Initiatives The WG, in conjunction with the conference secretariat, is focusing on the following initiatives: supporting venues for participation in the conference outside of the U.S. for those who are unable to enter the country, including population-specific remote hubs. ensuring that the conference programme is fully inclusive of issues related to all affected communities including sex workers and people who use drugs. maintaining clear and direct communications with U.S. officials about the conference registration process, the U.S. visa and waiver processes, and once applications begin problems faced by delegates applying for visas and waivers. advocating reduced timelines and visa application fees for conference delegates. requesting that measures are put in place to protect information about granted waivers of grounds of admissibility from reaching an individuals home government or other governments educating delegates and potential delegates about U.S. visa and waiver processes, with a special emphasis on sex workers and people who use drugs and including detailed information on the conference website and a quarterly immigration-related update providing all necessary conference-related documentation to registered delegates in a timely manner. The most up-to-date information about hubs will be posted on www.aids2012.org, included in the quarterly update and distributed through appropriate networks. The latest visa and immigration information will also be posted on www.aids2012.org under Visa Information and included in the quarterly update, which will be distributed broadly through appropriate networks and posted online.