Cuban Man Denied American Asylum … Because He’s Got HIV

“Raul Hernandez, a gay man who defected from Cuba in 1993 to live in Brazil, had hoped to obtain permanent U.S. residency under the 1966 Cuban Adjustment Act after he arrived in 2000. Congress passed the Cold War-era act to provide an expedited and mostly automatic approval process for Cubans seeking refuge in the United States from Cuba’s Communist government, which U.S. officials and human rights advocates labeled as highly oppressive. But following a lengthy application and appeal process, Hernandez, 40, who lives in Arlington, Va., was turned down for admission under the Cuban Adjustment Act in 2005 because he’s HIV positive. U.S. immigration officials told him that the longstanding U.S. ban on HIV-positive visitors and immigrants — a part of U.S. law and regulation — would take precedent over the Cuban Adjustment Act.” [Blade]