HIV/AIDS and Immigrants: A Manual for Service Providers

Table of Contents

Contributors

Introduction

Changes to US Government

Rights of Noncitizens

Basic Rules of Working with Noncitizens Living with HIV/AIDS

Learning the System: Basic Immigration Concepts

Part One: Understanding Your Client's Immigration Status

Part Two: Understanding the Impact of HIV on Immigration Status

Part Three: Gaining Legal Immigration Status and Becoming a US Citizen

•	HIV Waiver Basics
•	The Public Charge Problem
•	Obtaining an HIV Waiver: The "Extra Test"

Part Four: Understanding Your Client's Eligibility for Public Benefits

National Immigration Law Center Chart

Verifying and Reporting

Advocating for Your HIV Positive Noncitizen Client

Resources

Rights of Noncitizens

Because DHS power and discretion are so great, noncitizens must know their rights. Noncitizens arrested by DHS have the right to speak to an attorney and, at least in some cases, the right to a hearing with an immigration judge before DHS can remove them. In addition, since the federal courts can rule that some or all parts of the expedited removal process are unconstitutional, and since the Attorney General may eventually include people in the United States in the expedited removal process, noncitizens should assert the right to a hearing with an immigration judge any time they are arrested by DHS. It does not matter if the noncitizens are documented or undocumented; they still have these rights. Noncitizens must assert these rights, or DHS may convince them to sign documents allowing DHS to "remove" them (formerly called "deporting") without seeing either an attorney or a judge.

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