The Center for HIV Law and Policy marks Feb. 27 with a statement examining the intersections of HIV criminalization, immigration enforcement, and public health access
For National HIV Is Not A Crime Awareness Day, the Center for HIV Law and Policy(CHLP) has released a public statement calling for broader solidarity across movements addressing HIV criminalization, immigration enforcement and policing. Also known as HINAC Day, the annual observance takes place February 27 and highlights the impact of state laws that criminalize people living with HIV.
CHLP’s statement, titled “Being Human is Not a Crime: HIV, Immigration, and State Violence,” says that HIV criminalization laws continue to expose people to arrest, prosecution, and incarceration based on their health status. The organization argues that these laws can also carry immigration consequences, including detention or deportation, when arrests or convictions are interpreted through immigration proceedings.
According to CHLP, 32 states have laws single out HIV, specifically criminalizing exposure to and/or transmission; of those five—Arkansas, Louisiana, Ohio, South Dakota and Washington—may require registering as a sex offender if convicted. There are 10 states that have HIV-specific penalty enhancements for people living with HIV who engage in sex work.
The statement connects HIV criminalization with immigration enforcement, noting that legal and policy frameworks affecting both areas can deepen stigma and discourage people from seeking medical care. CHLP cites reported avoidance of health services among immigrant communities amid enforcement concerns and points to ongoing disparities in HIV outcomes among Black and Latinx populations.
According to CHLP, the overlap between health-related criminalization and immigration policy can increase mistrust of institutions and create additional barriers to HIV prevention and treatment access. The organization also highlights concerns about medical neglect in detention settings and the broader public health implications of policies that may deter individuals from accessing care.
In its statement, CHLP calls for cross-movement engagement to address what it describes as intersecting systems of criminalization affecting people living with HIV and immigrant communities.
Read CHLP’s statement for National HIV Is Not A Crime Day here.