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Immigration Policies and Issues on Health-Related Grounds for Exclusion

CRS – Immigration Policies and Issues on Health-Related Grounds for Exclusion, Ruth Ellen Wasem, Specialist in Immigration Policy. August 13, 2014

“News of humans infected with Ebola in West Africa, avian influenza in China, polio in the Middle East, and dengue fever in the Caribbean are examples of reports that heighten concerns about the health screenings of people arriving in the United States. Worldwide migration has hit unprecedented levels, now roughly estimated at 214 million international migrants. The United States hosts millions of foreign nationals on a temporary basis and is the prospective home to 1 million lawful permanent residents each year. Under current law, foreign nationals not already legally residing in the United States who wish to come to the United States generally must obtain a visa and submit to an inspection to be admitted. They must first meet a set of criteria specified in the Immigration and Nationality Act (INA) that determine whether they are eligible for admission. Moreover, they must also not be deemed inadmissible according to specified grounds in the INA. One of the reasons why a foreign national might be deemed inadmissible is on health-related grounds. While grounds for exclusion based on health-related criteria have long existed in the Immigration and Nationality Act (INA), some have questioned whether these provisions are sufficient to deal  with a potential pandemic situation. Potential issues for Congress are at least three-fold: (1) Are the health-related grounds for exclusion updated to ensure public safety in regards to contagious diseases? (2) Would increasing restrictions on foreign travel (even temporarily) during potential pandemics inflict more of an economic harm than a benefit? (3) Are the resources provided for frontline agencies charged with screening foreign travelers adequate to identify potentially infected travelers?”

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