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AIDS PATIENT CHALLENGES IMMIGRATION BAR
A New Zealand man who lived in the US for 28 years and now has AIDS has returned to the US both to test the US ban on immigrants with AIDS and to receive the federal benefits he earned through his many years of work in the US. Christopher Arnesen expected to be jailed upon arrival, but was not, because, as INS spokesman Chuck DeMore said, "his physical condition is a compelling humanitarian reason not to put him in custody."
The US law barring persons with a "loathsome or contagious disease" from entering the country is one of the strongest in the world, and often results in denials of entry to people who are no threat to public health.
Arnesen paid over $200,000 in Social Security taxes, and would be entitled to $700 a month in benefits. He returned to New Zealand in 1994 after being diagnosed with AIDS in order to be closer to his family. He was also misinformed by the Social Security Administration that he had to apply for benefits from abroad.
If Arnesen is allowed to stay in the US through September he will meet the requirement that one spends at least two months in the US per year in order to receive federal benefits. At that point, say his lawyers, "the real work begins."
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