Uzbekistan adopts law denying work permits to foreigners diagnosed with HIV or TB

Translated with Google translate. For original article in Uzbek, please scroll down.

Foreigners with HIV and tuberculosis will be banned from working in Uzbekistan

The Senate of Uzbekistan has approved a law according to which foreign citizens diagnosed with HIV/AIDS or tuberculosis will not be able to obtain a work permit in the country.

The explanatory note to the law notes that the number of citizens returning from abroad has increased. In 2024, out of 1.7 million who returned, only 25% underwent voluntary testing for HIV – the infection was detected in 1,512 people, writes Fergana.

Since the statistics only cover those who were voluntarily tested, it remains unclear how widespread infectious diseases are among those who did not take tests.

In this regard, mandatory medical examination for HIV is being introduced for citizens of Uzbekistan aged 18 to 60 years who have been abroad for more than 90 days, as well as for foreigners and stateless persons permanently residing or coming to the country for the purpose of employment.

For citizens of Uzbekistan and stateless persons permanently residing in the republic, the examination will be free of charge — at the expense of the state budget. But labor migrants and foreigners will have to pay for it themselves or at the expense of the employer.

In case of detection of HIV/AIDS or tuberculosis, foreign citizens will be officially denied the right to employment.

The law also stipulates that private employment agencies must train citizens traveling abroad in the rules of stay in the countries of employment.

The document will come into force after it is signed by the President of Uzbekistan.

Иностранцам с ВИЧ и туберкулёзом запретят работать в Узбекистане

Сенат Узбекистана одобрил закон, согласно которому иностранные граждане, у которых выявлены ВИЧ/СПИД или туберкулез, не смогут получить разрешение на трудовую деятельность в республике.

В пояснении к закону отмечается, что число граждан, возвращающихся из-за рубежа, увеличилось. В 2024 году из 1,7 млн вернувшихся лишь 25% прошли добровольное тестирование на ВИЧ — инфекция была выявлена у 1512 человек, пишет Фергана.

Так как статистика охватывает только добровольно обследованных, остается неясным, насколько широко распространены инфекционные заболевания среди тех, кто не сдавал анализы.

В связи с этим вводится обязательное медицинское обследование на ВИЧ для граждан Узбекистана в возрасте от 18 до 60 лет, которые находились за границей более 90 дней, а также для иностранцев и лиц без гражданства, постоянно проживающих или приезжающих в страну с целью трудоустройства.

Для граждан Узбекистана и лиц без гражданства, постоянно проживающих в республике, обследование будет бесплатным — за счет госбюджета. А вот трудовым мигрантам и иностранцам придется оплачивать его самостоятельно, либо за счет работодателя.

В случае выявления ВИЧ/СПИДа или туберкулеза, иностранным гражданам будет официально отказано в праве на трудоустройство.

Также законом предусмотрено, что частные агентства занятости должны обучать выезжающих за границу граждан правилам пребывания в странах трудоустройства.

Документ вступит в силу после его подписания президентом Узбекистана.

HIV positive Turkmen man fears persecution and death if deported

An HIV-positive gay man who fled Turkmenistan, one of the most repressive countries in the world, risks being deported, imprisoned and tortured, he and several non-governmental groups told AFP.

Emir — whose name has been changed for safety reasons — fled the ex-Soviet Central Asian country in 2018 for fear of being persecuted for his homosexuality.

He then found a job in a territory in Europe that is not internationally recognised.

To avoid compromising his safety and that of his relatives back home, AFP has chosen to keep his exact location secret, but was able to interview him in person in July.

The 30-year-old said he tested positive for HIV in 2024.

He showed the results of medical lab tests, which AFP was able to authenticate, and said he had no access to antiviral treatment.

“My condition is getting worse. My body and stomach are hurting, I have pain under my ribs,” he said.

“I can’t sleep anymore, I sleep four or five hours, thinking about my health every day. I don’t want to get AIDS,” he added in a faint voice.

Mortal threat

Because of his HIV-positive status, Emir said he had been fired from his job in his current place of residence, lost his income, and now faces deportation to his home country.

In Turkmenistan, he said, he would be arrested: “Because of my illness, they will torture me, abuse me, and kill me.”

Emir is unable to leave the place where he is now because he would have to first return to Turkmenistan to renew his passport, a photograph of which he provided to AFP.

Swiss nonprofit Life4me+ sent him six months of antiviral treatment before stopping it due to the exhaustion of their “remaining medication stocks,” the organisation’s president, Alex Schneider said.

Emir then received a few irregular shipments of medication, but for almost four months now he has been without medication.

On three occasions, the health authorities in the territory where he is based have refused to provide him with treatment.

A local LGBTQ rights group said it was currently unable to provide Emir with the necessary medication for financial and legal reasons.

In an email to AFP, it said it had helped find Emir a psychologist who diagnosed him with “severe anxiety and depression symptoms with thoughts of suicide”.

‘Place forgotten by God’

In Turkmenistan, homosexuality is punishable by jail under the criminal code provision prohibiting “sodomy”.

HIV-positive people, instead of receiving treatment, regularly find themselves imprisoned and tortured, according to several human rights groups.

The nonprofits and exiled independent media reported waves of arrests targeting LGBTQ people several times in recent years.

People detained as part of the repressions have been reported to disappear into the prison system and held incommunicado.

Turkmenistan — a gas-rich desert country rich officially home to seven million people — is considered one of the most reclusive in the world.

Internet access is severely limited, and no independent nonprofits are allowed to operate there.

“It’s a place forgotten by God where people suffer terrible things,” said Evi Chayka, founder of EQUAL PostOst, a rights group helping LGBTQ people who are victims of repression in the former communist bloc.

According to reliable sources familiar with the situation on the ground, speaking on condition of anonymity, the unrecognised territory where Emir is located does not have a “formal asylum framework” which prevents him from being taken into care by international bodies.

Stuck in the maze, the young man said he still hopes that someone will find a way to help him.

Even if, he added, “thousands of other people are suffering” throughout the world.

US: Health services now out of reach for many immigrants

New Policy Bars Many Lawfully Present and Undocumented Immigrants from a Broad Range of Federal Health and Social Supports

On July 14, 2025, the U.S. Department of Health and Human Services (HHS) issued a notice of a policy change to update the definition of “federal public benefits” as outlined in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) to add an additional 13 programs to the 31 programs considered “federal public benefits” that are restricted to individuals with a “qualified” immigration status. The notice further indicates that the updated list of federal benefits is not exhaustive, and additional programs may be added in the future. This change bars many groups of lawfully present immigrants as well as undocumented immigrants from accessing many health care, educational, and other social services and will likely have negative impacts on the health and well-being of immigrant families due to more limited access to services as well as confusion and fear about using services. It also may create new challenges and complexities for service providers. Many implementation questions remain unclear and subject to future guidance, including how verification of immigration status may occur and how the policy will be reconciled with existing conflicting statutory and regulatory requirements, which supersede the guidance. This policy change took effect immediately upon publication of the notice in the federal register on July 14, 2025, although it provides for a 30-day comment period. It also indicates that it will issue further implementation guidance.

Prior Policy under PRWORA

When enacted in 1996, PRWORA established federal requirements that limited eligibility for “federal public benefits” to groups who are “qualified immigrants.” The groups defined as “qualified immigrants” are more limited than groups who are considered lawfully present in the U.S. and exclude undocumented immigrants. Notably, qualified immigrants do not include people with Temporary Protected Status and people with deferred action, including Deferred Action for Childhood Arrivals recipients, among other lawfully present groups (Box 1).

Box 1: Lawfully Present Immigrants by Qualified Status

Qualified Immigrants

Other Lawfully Present Immigrants

Lawful permanent resident (LPR or green card holder)
Refugee
Asylee
Cuban/Haitian entrant
Paroled into the U.S. for at least one year
Conditional entrant granted before 1980
Granted withholding of deportation
Battered noncitizen, spouse, child, or parent
Victims of trafficking and their spouse, child, sibling, or parent or individuals with pending application for a victim of trafficking visa
Member of a federally recognized Indian tribe or American Indian born in Canada
Citizens of the Marshall Islands, Micronesia, and Palau who are living in one of the U.S. states or territories (referred to as Compact of Free Association or COFA migrants)

Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT)
Individual with Non-Immigrant Status, includes workers visas, student visas, U-visa, and other visas, and citizens of Micronesia, the Marshall Islands, and Palau
Temporary Protected Status (TPS)
Deferred Enforced Departure (DED)
Deferred Action Status
Lawful Temporary Resident
Administrative order staying removal issued by the Department of Homeland Security
Resident of American Samoa
Applicants for certain statuses
People with certain statuses who have employment authorization

The PROWRA legislation provided discretion to federal agencies to determine which benefits and programs are “federal public benefits,” while also identifying specific exemptions such as treatment for emergency medical conditions, certain disaster relief, immunizations, and testing and treatment for communicable diseases. It also clarified that non-profit organizations were not required to verify the immigration status of individuals receiving benefits or services. Under policy established in 1998, HHS identified 31 health and social programs considered to be “federal public benefits” restricted to “qualified immigrants,” including major health coverage programs such as Medicaid (excluding emergency Medicaid), Medicare, and the Children’s Health Insurance Program (CHIP).

Changes under the 2025 Policy

The 2025 policy expands the list of programs considered “federal public benefits” by adding 13 additional programs, including Head Start, the health center program, the Title X family planning program, among others (Box 2). The notice further indicates that the list is not exhaustive, and additional programs may be added to in the future.

Box 2: New Programs Considered “Federal Public Benefits” Under the 2025 Policy Change

Certified Community Behavioral Health Clinics
Community Mental Health Services Block Grant
Community Services Block Grant (CSBG)
Head Start
Health Center Program
Health Workforce Programs not otherwise previously covered (including grants, loans, scholarships, payments, and loan repayments)
Mental Health and Substance Use Disorder Treatment, Prevention, and Recovery Support Services Programs administered by the Substance Abuse and Mental Health Services Administration
Projects for Assistance in Transition from Homelessness Grant Program
Substance Use Prevention, Treatment, and Recovery Services Block Grant
Title IV-E Educational and Training Voucher Program
Title IV-E Kinship Guardianship Assistance Program
Title IV-E Prevention Services Program
Title X Family Planning Program
List is not exhaustive and may be added to in the future

Source: U.S. Department of Health and Human Services (July 2025), “HHS Bans Illegal Aliens from Accessing its Taxpayer-Funded Programs”

Implications of the Policy Change

The policy change bars many lawfully present and undocumented immigrants from services that are important for their health and well-being. These programs include certain programs that are particularly important for immigrant families, such as the federal Health Center program, which funds a network of Community Health Centers (CHCs). Community health centers are a national network of over 1,300 safety-net primary care providers located in medically underserved communities and serve all patients regardless of their ability to pay, providing a range of medical, behavioral, and supportive services. Data from the 2023 KFF/LA Times Survey of Immigrants show that three in ten immigrant adults say a CHC is their usual source of care, with this share rising to about four in ten among likely undocumented immigrant adults (42%) and those with limited English proficiency (39%) (Figure 1). The policy also bars immigrants without a “qualified” immigration status from accessing federally funded mental and behavioral health services at a time when many immigrant families are experiencing heightened stress and anxiety due to immigration-related fears and financial uncertainty, as well as from Title X services, which provide comprehensive family planning services to low-income and uninsured individuals.

Beyond health care, the policy also limits access to services that support education, including the Head Start Program. Research shows that adults with higher educational attainment tend to have longer lifespans and be healthier than their counterparts with lower educational attainment. High educational attainment also is associated with better jobs that are more likely to provide employer-sponsored health coverage and higher incomes which, in turn, improve access to health care and resources to support health.

The new policy also will affect service providers who may need to update their policies and procedures to comply with the changes. Under PRWORA, program benefit providers are prohibited from providing “federal public benefits” to people who are not citizens or qualified immigrants and are required to verify that an applicant is a qualified immigrant eligible for services. The notice confirms an existing exemption in the law that non-profit charitable organizations are not required to verify immigration status. However, many implementation questions currently remain unclear and subject to future guidance, including how verification of immigration status may occur. Moreover, the policy does not supersede existing statutory and regulatory requirements. For example, although the notice limits the health center program to “qualified immigrants,” it does not change the underlying statutory requirements for CHCs to serve patients regardlessof immigration status. While federal law supersedes guidance, this conflict creates challenges for CHCs in how they will apply this guidance, and it remains to be seen how enforcement of the guidance will affect CHCs’ ability to provide care. Additionally, as noted, the notice indicates that the list of programs affected by the change is not exhaustive, so additional programs may be added in the future.

The notice estimates that the policy change will result in savings from reduced use of programs by certain immigrants as well as new administrative costs. Savings are estimated to derive from excluding certain immigrants from HHS programs with a corresponding increase in benefits for U.S. citizens and qualified immigrants. There also are estimated to be new administrative costs associated with individuals being required to document their eligibility, for immigration status to be verified, and for changes in program eligibility and operating policies and procedures.

The policy change occurs against a backdrop of other policy changes restricting immigrant access to health and other programs and increased immigration enforcement activity. These changes include new restrictions established under budget reconciliation that limit Medicaid, Medicare, and subsidized Affordable Care Act (ACA) Marketplace coverage to lawful permanent residents, certain Cuban and Haitian entrants, and citizens of the Freely Associated States (COFA migrants). Together, these changes will likely have broad chilling effects on immigrant families, resulting in increased reluctance to access services and programs due to fear and confusion. More limited access to programs and services may lead to negative impacts on their health and well-being. These effects may extend across immigrant families, who often include citizen children—with one in four children in the U.S. living with at least one immigrant parent—and have broader impacts on communities, given immigrants’ role in the workforce.

[Update] US: Idaho immigrants regain HIV treatment access through legal ruling

Federal Judge Restores Access to HIV Treatment for All Immigrants in Idaho

BOISE — Today, a federal judge granted provisional class-action status and extended a temporary restraining order (TRO) in the lawsuit Davids v. Adams. This ruling means access to HIV treatment through the Ryan White HIV/AIDS Program remains available for all immigrants throughout the state, regardless of their immigration status. Before the ruling, the TRO protected access to the program only for the five anonymous patient plaintiffs in the lawsuit.

The judge’s order defines the protected class as “all current or future persons residing in Idaho who have been diagnosed with HIV and who would qualify for federally funded services through the Ryan White Program unless required to verify [their immigration status] for those benefits.”

A decision on the preliminary injunction is expected in the coming weeks.

Davids v. Adams was filed on June 26, 2025 by the American Civil Liberties Union (ACLU) of Idaho, the National Immigration Law Center (NILC), and private law firms Nixon Peabody LLP and Ramirez-Smith Law in response to House Bill 135.

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The ACLU of Idaho is a non-partisan, non-profit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of Idaho strives to advance civil liberties and civil rights through activities that include litigation, education, and lobbying. Learn more at acluidaho.org.

Established in 1979, the National Immigration Law Center (NILC) is one of the leading organizations in the U.S. exclusively dedicated to defending and advancing the rights of low-income immigrants. At NILC, we believe that all people who live in the U.S. should have the opportunity to achieve our full potential. Over the years, we’ve been at the forefront of many of the country’s most pressing immigration issues, and we play a major leadership role in addressing the real-life impact of policies that affect the ability of all of us to prosper and thrive.

Nixon Peabody LLP is an American Lawyer top-100 law firm in the United States and has 15 offices worldwide. Our firm delivers exceptional service to our clients and our communities by combining high performance, entrepreneurial spirit, deep engagement, and an unwavering commitment to a culture of collaboration and humanity.

Ramirez-Smith Law is a leading immigration law firm dedicated to defending the rights of immigrants, asylum seekers, and underserved communities across the United States. With a proven commitment to justice, the firm advocates for individuals facing systemic barriers within the immigration system and beyond. Headquartered in Nampa, Idaho, Ramirez-Smith Law provides compassionate, high-impact legal representation in removal defense, asylum, family-based immigration, humanitarian relief, employment-based immigration, and federal litigation—including complex litigation challenging unlawful government practices and policies. Our firm is proud to stand at the intersection of legal advocacy and social justice, using the law as a tool to protect human dignity and hold institutions accountable. We believe every client deserves to be heard, and every community deserves to be defended. For more information, visit www.nrsdt.com or contact us at 208-461-1883.

Global study reveals 50 countries still enforce HIV-related travel restrictions

A new global study presented this week at the 13th IAS Conference on HIV Science in Kigali (IAS 2025) has revealed that 50 countries around the world continue to enforce HIV-related travel and residence restrictions, in clear violation of international human rights principles.

The data, shared by the HIV Justice Network through its new platform Positive Destinations, highlights the persistence of discriminatory laws and policies that prevent people living with HIV from freely travelling, working, studying, or settling in many parts of the world.

Despite progress – 83 countries now have no HIV-specific travel restrictions, and many others have adopted more inclusive approaches – 17 countries still impose severe measures such as outright entry bans, mandatory testing, and deportation. These include Bhutan, Brunei, Egypt, Iran, Kuwait, Malaysia, Russia, and the United Arab Emirates. Migrants and students are often disproportionately affected, with some unaware of the rules until after testing or disclosure, resulting in forced returns, loss of income, and separation from families.

Another 33 countries – including Australia, Canada, Kazakhstan, the Philippines, Saudi Arabia, and Singapore – have partial restrictions. These include requirements for HIV testing in visa applications, discretionary decisions based on perceived healthcare costs, and reduced access to essential services. Although these policies may appear neutral on the surface, they continue to disadvantage people living with HIV.

“These restrictions are rooted in outdated public health thinking and perpetuate stigma,” said Edwin J Bernard, HIV Justice Network’s Executive Director. “They obstruct access to healthcare, education, and family life, especially for migrants and refugees.”

Click on the image to download the poster

In 2024, Positive Destinations documented several cases of deportation based solely on HIV status: Kuwait deported over 100 people, Russia’s Dagestan region deported nine, and Libya deported two. Such practices are increasingly being challenged by legal action. In Canada, for example, a court case led by the HIV Legal Network contests the “excessive demand” clause of immigration law, arguing it violates the country’s Charter of Rights and Freedoms.

However, policy reform has been uneven. Australia raised its health cost threshold for visa eligibility, slightly easing access to temporary stays, but permanent residency remains elusive for many people with HIV. A recent case saw an Italian teacher denied residency due solely to his HIV-positive status.

The study also underscores how HIV-related migration barriers often intersect with other forms of criminalisation and discrimination. In Uzbekistan and Russia, HIV criminalisation laws are paired with mandatory HIV testing for migrants. In the U.S., HIV-positive and LGBTQ+ asylum seekers continue to face mistreatment in detention centres. And in a tragic case in Turkey, a Syrian trans woman was reportedly deported after her HIV status was disclosed and later killed upon return.

The authors of the study call for urgent action: “Eliminating these harmful policies is essential to ending AIDS, achieving universal health coverage, and upholding the dignity and rights of people living with HIV everywhere,” said Bernard.

Positive Destinations, which hosts the updated Global Database on HIV-Specific Travel and Residence Restrictions, is available at www.positivedestinations.info

EP0623 Addressing HIV-related travel restrictions: Progress and challenges in eliminating discriminatory policies by Edwin J Bernard, Sylvie Beaumont, Elliot Hatt, and Sofía Várguez was presented at IAS2025 by Brent Allan at the 13th IAS Conference on HIV Science, Kigali, Rwanda.

Russia: Migrants could face mandatory health checks under Russian draft law

Russian lawmakers propose mandatory health clearance for migrants entering the country

Deputies have proposed introducing a mandatory requirement for migrants entering the Russian Federation to present a certificate proving they are free of infectious diseases, Yaroslav Nilov, Chairman of the State Duma Committee on Labor, Social Policy, and Veterans’ Affairs, said in a post on Telegram, APA reports citing TASS.

“Foreigners coming to Russia to earn money should not bring their problems with them — they should help solve ours,” he noted.

Nilov added that a corresponding draft law has been submitted to the State Duma for consideration.

The politician stated that migrants crossing the border will be required to present valid medical insurance and certificates proving they are not infected with HIV, hepatitis B and C, syphilis, or tuberculosis.

They will also have to provide test results confirming they are free of narcotic and psychotropic substances. Without these documents, they will not be allowed to cross the Russian border, he added.

Uzbekistan to require HIV tests for returning migrants and foreign workers

A bill on mandatory HIV testing of Uzbeks who returned from abroad has been adopted

The deputies considered and adopted in the third reading a bill providing for mandatory HIV tests for citizens of Uzbekistan who have returned from abroad after staying for more than 90 days, as well as for foreigners arriving in the country for employment.

The bill proposes to make a number of amendments and additions to the Laws “On Counteracting the Spread of the Disease Caused by the Human Immunodeficiency Virus (HIV Infection)”, “On Sanitary and Epidemiological Well-Being of the Population”, “On Private Employment Agencies” and “On Employment of the Population”.

In particular, the mandatory medical examination for HIV of citizens of Uzbekistan aged 18 to 60 who have returned after a continuous stay abroad for 90 days or more, foreign citizens and stateless persons permanently residing in the territory of Uzbekistan or arriving in the country for the purpose of employment is determined.

According to the document, a mandatory medical examination for HIV of citizens of Uzbekistan who have returned after a continuous stay abroad for 90 days or more, as well as stateless persons permanently residing in Uzbekistan will be carried out at the expense of the State Budget. Foreign citizens and stateless persons arriving in Uzbekistan for the purpose of employment and/or permanently residing on its territory will be examined at the expense of their own funds, the employer’s funds or other sources not prohibited by law.

In addition, it is proposed to establish as one of the licensing requirements for private employment agencies the obligation to organize training of citizens traveling abroad in the legislation and rules of residence of the host state, as well as providing them with the necessary information materials.

The deputies noted that the adoption of the bill will serve to prevent the spread of infectious diseases that pose a threat to human health, protect the health of the population, and form effective legal mechanisms to ensure social security in the process of labor migration. The bill was sent to the Senate.

It should be noted that the establishment of a 90-day period is justified by the fact that this infectious disease manifests itself in the human body 90 days after infection.

Принят законопроект об обязательном тестировании на ВИЧ узбекистанцев, вернувшихся из-за рубежа

Законопроектом предлагается внести ряд изменений и дополнений в Законы «О противодействии распространению заболевания, вызываемого вирусом иммунодефицита человека (ВИЧ-инфекция)», «О санитарно-эпидемиологическом благополучии населения», «О частных агентствах занятости» и «О занятости населения».

В частности, определяется обязательное медицинское обследование на ВИЧ граждан Узбекистана в возрасте от 18 до 60 лет, вернувшихся после непрерывного пребывания за рубежом в течение 90 и более дней, иностранных граждан и лиц без гражданства, постоянно проживающих на территории Узбекистана или прибывающих в страну с целью осуществления трудовой деятельности.

Согласно документу, обязательное медицинское обследование на ВИЧ граждан Узбекистана, вернувшихся после непрерывного пребывания за рубежом в течение 90 и более дней, а также лиц без гражданства, постоянно проживающих на территории Узбекистана будет проведено за счет средств Государственного бюджета. Иностранные граждане и лица без гражданства, прибывающие в Узбекистан с целью осуществления трудовой деятельности и/или постоянно проживающие на ее территории будут проходить обследование за счет собственных средств, средств работодателя или других не запрещенных законодательством источников.

Кроме того, предлагается установить в качестве одного из лицензионных требований к частным агентствам занятости обязательство по организации обучения выезжающих за границу граждан законодательства и правил пребывания принимающего государства, а также обеспечение их необходимыми информационными материалами.

Депутаты отметили, что принятие законопроекта послужит предотвращению распространения инфекционных заболеваний, представляющих угрозу для здоровья человека, охране здоровья населения, формированию эффективных правовых механизмов обеспечения социальной безопасности в процессе трудовой миграции. Законопроект направлен в Сенат.

Отметим, что установление 90-дневного срока обосновано тем, что данное инфекционное заболевание проявляется в организме человека через 90 дней после заражения.

South Africa: Overview of healthcare access for undocumented migrants in South Africa

Healthcare Access for Undocumented Migrants in South Africa: What You Need to Know

Access to healthcare is a fundamental human right enshrined in South Africa’s Constitution. However, the reality for undocumented migrants seeking medical care in the country remains complex and often fraught with challenges. This article provides a clear, factual overview of healthcare access for undocumented migrants in South Africa. It highlights legal rights, barriers faced, and ongoing debates.

Legal Framework Protecting Healthcare Access

Section 27(1) of the South African Constitution guarantees everyone the right to access healthcare services, including reproductive healthcare. This right extends to all individuals within the country’s borders, regardless of nationality or legal status. Specifically, Section 27(3) mandates that emergency medical treatment must not be denied to anyone. This underscoring the country’s commitment to human dignity and health rights.

The National Health Act further supports this by stating that primary healthcare services are available to all people, irrespective of immigration status. Refugees, asylum seekers (with or without permits), permanent residents, and even undocumented migrants are entitled to emergency healthcare services. However, at the very least.

Categories of Migrants and Their Healthcare Rights

Refugees and Asylum Seekers: Recognised refugees and those awaiting status have the same rights to healthcare as South African citizens. This includes access to clinics, maternal and child healthcare, HIV and TB treatment, and mental health support.
Permanent and Temporary Residents: These groups also have access to public healthcare. Temporary residents are often required to pay fees based on income.
Undocumented Migrants: While lacking legal documentation, undocumented migrants retain the constitutional right to emergency medical care. Access to non-emergency services is more limited and often subject to administrative discretion, but denying emergency care is unlawful.

Barriers and Challenges in Practice

Despite clear legal protections, undocumented migrants frequently face obstacles when seeking healthcare:

Medical Xenophobia: Many migrants report discrimination and refusal of services by healthcare providers. This is due to their foreign status or lack of documentation. This practice undermines public health and violates constitutional rights.
Fear of Deportation: Undocumented migrants may avoid seeking care due to fears. They fear that healthcare providers will report them to immigration authorities, as required by the Immigration Act.
Cost and Accessibility: Some migrants are charged fees or denied free services, despite legal provisions. Language barriers and lack of information further complicate access.
Policy Conflicts: The National Health Insurance Bill and Immigration Act introduce conflicting requirements. These sometimes restrict undocumented migrants’ access to healthcare. This contrasts with constitutional guarantees.

Access For All?

The South African Constitution guarantees healthcare access for undocumented migrants, especially in emergencies. Yet, challenges such as discrimination, fear, and conflicting policies persist. Continued legal advocacy, public education, and policy reform are essential. They are necessary to ensure that all individuals, regardless of documentation status, can access the healthcare they need.

US: Federal Judge blocks Idaho’s Immigration Law from targeting HIV program

Federal judge temporarily protects HIV program from new Idaho immigration law

A federal judge has temporarily blocked Idaho from applying a new state law meant to prevent unauthorized immigrants from accessing publicly funded assistance to one health program.

U.S. District Judge Amanda Brailsford on Monday issued a temporary restraining order blocking the Idaho Department of Health and Welfare from requiring citizenship status reviews for a federally funded HIV treatment program.

The decision blocks the law’s application to this program until a court hearing in two weeks about whether the court should block the law for longer.

The new law, House Bill 135, took effect Tuesday. It cuts the few publicly funded services that unauthorized immigrants can receive in the state.

The judge’s ruling came days after ACLU of Idaho sued over the new law, alleging the law is unconstitutional by violating equal protection, conflicts with federal laws and even denies federal funds to people eligible under federal law.

US: Lawsuit filed to block Idaho law restricting access to HIV treatment for Immigrants

BOISE — On Thursday, June 26, 2025, the American Civil Liberties Union (ACLU) of Idaho, the National Immigration Law Center (NILC), and private law firms Nixon Peabody LLP and Ramirez-Smith Law filed a lawsuit against the state of Idaho to stop enforcement of House Bill 135, which is set to go into effect July 1, 2025.

House Bill 135 was passed during the 2025 legislative session to impose new immigration status verification requirements on programs that are not restricted under federal laws, including access to food pantries and soup kitchens, prenatal and postnatal care, vaccines and life-saving medications to treat communicable diseases such as HIV, among others. Prior to the new law, these benefits were available to Idaho residents without having to verify immigration status.

The lawsuit, Davids v. Adams, is seeking a temporary restraining order (TRO) preventing the state from barring access to federally funded HIV medication for immigrants who cannot verify their lawful presence. The TRO is necessary because the Idaho Department of Health and Welfare, which administers the federal funding, has determined that on and after July 1, 2025, recipients of this funding must meet the lawful presence criteria outlined in the law. Without access to this medication, many immigrant residents will suffer a variety of serious health issues, including, potentially, death.

The plaintiffs in Davids v. Adams are Dr. Abby Davids, a doctor who treats patients living with HIV, and five immigrant Idahoans living with HIV.

The lawsuit argues that House Bill 135 attempts to circumvent federal law, which allows access to certain federally funded benefits programs, including the federal program that provides HIV medication (known as the Ryan White HIV/AIDS Program), without regard to citizenship or immigration status.

“Nobody benefits from barring access to life-saving HIV medication,” said Dr. Abby Davids, practitioner at Full Circle Health. “Both for individual patients and for the health of our community as a whole, all people living with HIV need to be able to access consistent care and treatment. Infections like HIV do not infect people based on their immigration status, and treatment should not be limited by legal status, either. I am genuinely afraid for my patients who currently take medication for HIV; without it, their lives will be in jeopardy.”

“HB 135 is designed to dehumanize our immigrant neighbors by denying them the basic necessities of life — medicine, food, and shelter. It subverts constitutional rights and interferes with federal regulation of immigration,” said Paul Carlos Southwick, ACLU of Idaho Legal Director. “Along with HB 83, this is the second unconstitutional bill we’ve sued to stop this year. It is part of the state’s campaign to displace immigrant residents, which will separate families and inflict lasting trauma. The state’s actions are legally indefensible and morally wrong.”

“This inhumane bill unconstitutionally seeks to block full public access to essential health care, including life-saving HIV care and treatment, and threatens the health and wellbeing of Idahoans across the state,” said Joanna Cuevas Ingram, senior staff attorney at the National Immigration Law Center. “Federal law has expressly exempted the Ryan White HIV AIDS Program, among others, from citizenship and immigration status requirements, ensuring that vulnerable individuals are not denied life-saving care due to their immigration status and to meet nationwide public health goals in reducing HIV transmission. H.B. 135 cannot subvert federal law or the will of Congress. A restraining order and injunction are necessary.”

“The message to immigrant and Latine communities is clear: No matter what kind of person you are, no matter how meaningfully you contribute to Idaho, no matter how hard you struggle to support your family, you are not wanted here,” said Ruby Mendez-Mota, ACLU of Idaho Interim Advocacy Director. “This law isn’t about safety or security, it’s not about limited resources; it’s about making an already vulnerable part of Idaho’s hardworking community feel like they aren’t good enough to be treated with dignity. This fight is not over.”