HIV-Infected Haitian Refugees: An Argument Against Exclusion

24 Pages Posted: 23 Sep 2009 Last revised: 9 Oct 2009

See all articles by Elizabeth McCormick

Elizabeth McCormick

The University of Tulsa College of Law

Date Written: March 1, 1993


The author discusses the plight of 222 Haitian refugees detained by the United States Immigration Service at Guantanamo Bay, Cuba, in 1993, and argues against the exclusion of these refugees, infected with HIV, for three reasons. First, the policy of exclusion exacerbates an already critical world health problem by perpetuating misconceptions about where the virus originated and how it is transmitted. Moreover, the author argues that such exclusionary policies ignore a fundamental premise of United States refugee law by failing to consider the compelling circumstances which prompt certain immigrants to leave their homes and seek refuge in the United States. Finally, the discussion reveals that the exclusion policy furthers no legitimate economic or public health interest on the part of the United States.

Keywords: immigration, asylum, HIV, Haiti, refugee

Suggested Citation

McCormick, Elizabeth, HIV-Infected Haitian Refugees: An Argument Against Exclusion (March 1, 1993). Georgetown Immigration Law Review, Vol. 7, No. 1, 1993, Available at SSRN:

Elizabeth McCormick (Contact Author)

The University of Tulsa College of Law ( email )

600 South College
Tulsa, OK 74104
United States

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