U.S. Judge Allows Dutch AIDS Patient to Attend Conference

A federal judge on Friday overrode U.S. immigration officials and ordered a Dutch visitor suffering from AIDS to be 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 be granted a waiver from laws barring foreigners with certain contagious 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,” Vinikoor said.

Orders $10,000 Bond

The judge, however, ordered Verhoef, who was detained by immigration officials last Sunday, to post a $10,000 bond to enforce the terms of the waiver, which is in effect until April 28.

Minnesota AIDS Project supporters provided money for the bond within a few hours of the judge’s ruling. Verhoef hoped to fly to San Francisco in time to attend the last day of the four-day conference today.

The judge’s decision overrode the U.S. Immigration and Naturalization Service’s action earlier in the day. The INS denied Verhoef’s request for a waiver to attend the conference.

“The risk of harm by an AIDS-infected alien in the absence of humanitarian reasons for the temporary admission of aliens far outweighs the privilege of an alien to enter the United States to participate in a conference,” Richard Norton, associate commissioner for examinations, wrote in the INS ruling.

Seeks Emergency Appeal

The INS sought to file an emergency appeal of Vinikoor’s decision, but a special immigration court turned down the bid.

The judge’s ruling echoed Thursday’s recommendation by the INS district director in St. Paul, who had said Verhoef should be allowed to attend the conference. The opposite stance by INS officials in Washington drew fire from Dr. Tim Wolfred, executive director of the San Francisco AIDS Foundation.

“The INS has decided to enforce a law founded on hatred, bigotry and ignorance,” he said. “This decision says the federal government has no compassion for people with HIV disease or understanding of how AIDS is transmitted.”