Immigration Policies and Issues on Health-Related Grounds for Exclusion
Abstract
Under current law, foreign nationals not already legally residing in the United States who wish to come to the United States generally must obtain a visa and submit to an inspection to be admitted. They must first meet a set of criteria specified in the Immigration and Nationality Act (INA) that determine whether they are eligible for admission. Moreover, they also must not be deemed inadmissible according to specified grounds in the INA. One of the reasons why a foreign national might be deemed inadmissible is on health-related grounds. The diseases that trigger inadmissibility in the INA are those communicable diseases of public health significance as determined by the Secretary of Health and Human Services (HHS). The outbreak of the 2009 H1N1 virus (commonly called "Swine Flu") has generated attention in Congress and the media, particularly with its relationship to foreign travel. With Mexico also suffering high infection rates of this strain of influenza, questions have been raised regarding travel restrictions to the United States, particularly with regard to foreign nationals. Potential issues for Congress are three-fold: (1) are current health-related grounds for exclusion sufficient to ensure public safety with regard to contagious diseases; (2) would increased restrictions on foreign travel (even temporarily) inflict more economic harm than benefit; and (3) are the resources provided for frontline agencies charged with screening foreign travelers sufficient to identify potentially infected travelers? From an immigration standpoint, infectious disease outbreaks place the greatest procedural and resource pressures on the Bureau of Customs and Border Protection (CBP), an agency within the Department of Homeland Security (DHS). CBP is charged with screening admissions of all travelers at land, sea, and air ports of entry (POE), and CBP Officers screened approximately 409 million individuals in FY2008 for admission into the United States.
Document Details
- Document Type
- Technical Report
- Publication Date
- Jan 29, 2010
- Accession Number
- ADA514196
Entities
People
- Chad C. Haddal
- Ruth E. Wasem
Organizations
- Library of Congress