Disclaimer: The views and opinions expressed in this piece are the author’s and do not necessarily represent the position of Positive Women’s Network – USA.

by Janine Brignola

July 31, 2019


The world is aware of children being ripped from their parents’ arms and families torn apart in what is likened to a pre-World War 2 Germany. We have witnessed the excuses that are being fabricated to justify this. I have sat back stunned at tales of people being denied medical care, starved, raped, and tortured. Watching as people die; as innocent children die. The following testimony marked yet another milestone as so many witnessed testimony that sets back science decades as ICE officials offered more testimony. 

The HIV/AIDS community was shocked to learn that ICE has categorized HIV as a communicable disease and that this classification they have concocted is grounds for the removal of children from parents that are living with HIV and seeking asylum. Deputy Chief Brian Hastings testified, when asked by Democratic US Representative Raskin of Maryland, that HIV is classified as a “communicable disease” which is grounds for separating children. Raskin further asked if the flu, which is a communicable disease, was then also grounds for removal of children to which Hastings responded it is not. When further questioned as to who is responsible for this classification and if it was the Chief of Border Patrol or legal council, Chief Hastings could not answer nor furnish the list of what is classified as communicable diseases. The CDC does not classify HIV as a communicable disease. HIV is not spread through ordinary contact. HIV is not a communicable disease. 

For decades the HIV/AIDS community, allies and their loved ones have fought to disband the stigma and myths around how HIV is transmitted. We have fought and died to educate people that HIV is not spread through ordinary day-to-day contact, and we now know HIV untransmittable by those adherent to treatment with an undetectable status of six months or longer. HIV is not transmittable sexually by those living with HIV who are on medication and maintaining their undetectable viral load. With so many advances it is deplorable to know that the condition is now being used as yet another excuse to tear apart families in such a stigmatizing and inaccurate way. 

After hearing an ICE officer reference HIV as being cause for removal of children as another tactic in the war on asylum seekers and families I knew parents’ voices needed to be heard. This dangerous and false narrative sends us back to the early eighties when stigma surrounded HIV and AIDS. Those living with HIV have spent years to correctly inform the public that they lead normal lives. We have marriages and children. We contribute to society. We are friends, neighbors, and family. We are people.

Here are facts that we can address: 
  • HIV is not a communicable disease;
  • Parents are not unfit to care for children if they are living with HIV; and
  • The community will not stand by as ICE uses ignorant and false information that furthers stigma and sets back decades of work as one more excuse for their unethical and immoral “kidnapping” of children.
Our HIV status has no impact on our parenting, and it is unquestionably irresponsible to spread a false narrative that it could or does.