U.S. Judge Overrides INS, Frees Dutch AIDS Patient From Jail

A federal judge Friday overrode U.S. immigration officials and ordered a Dutch visitor suffering from AIDS released from prison so he can attend a conference in San Francisco on the disease.

Immigration Judge Robert Vinikoor said Hans Paul Verhoef had met standards required to allow him to be excluded from laws barring foreigners with dangerous and communicable diseases from entering the country.

“While I don’t want to minimize the risk of AIDS, the applicant has shown there is a minimal risk to the United States if he is admitted on a temporary basis,” the judge said.

U.S. Immigration and Naturalization Service officials immediately asked the federal Board of Immigration Appeals in Falls Church, Va., to stay the judge’s order. But Friday night the board refused to consider the request, said Thomas Schiltgen, INS district director in St. Paul.

Verhoef boarded a flight for San Francisco at 7:25 p.m. at the Minneapolis-St. Paul International Airport. The five-day AIDS conference ends Sunday.

“Good!” Verhoef exclaimed after hearing the judge issue the order in the courtroom, where he was handed a bouquet of pink roses by supporters. Later, Verhoef spoke to reporters at the airport.

“I’m very glad that I can do what I have to do, now that the U.S. government has let me go,” he said.

“I’m very disappointed being imprisoned and getting this treatment in this country,” he said, adding that he was disturbed about having to raise a $10,000 bond before leaving Minnesota.

Judge Vinikoor ordered Verhoef to post a $10,000 bond to enforce the terms of the waiver, which is in effect until April 28. The money was provided by supporters of the Minnesota AIDS Project within a few hours of the judge’s ruling, said Helene Haapala, one of Verhoef’s lawyers.