1. The impetus for such testing had been coming from a number of quarters during this time. See "Reagan Discloses Controversial AIDS Plan," Congressional Quarterly Weekly Report 45 (1987): 1210-1211.

2. See "AMA Opposes Reagan on AIDS Testing," Congressional Quarterly Weekly Report 45 (1987): 1381. While the AMA opposed mandatory testing in a number of instances, it did favor the testing of immigrants.

3. Report of the Ellis Island Committee (New York: Jerome S. Ozer, 1971 [originally pub. 1934]), 36.

4. Philip J. Hilts, "In Shift, Health Chief Lifts Ban on Visitors with the AIDS Virus," New York Times, 4 Jan. 1991, p. A1. In fact the headline here should have read "Health Chief Proposes Lifting Ban" because that proposal was never adopted.

5. Nancy Zeldis, "Senators Seek Change in Alien AIDS Policy," National Law Journal, 8 May 1989, p. 16.

6. Philip J. Hilts, "Clinton to Lift Ban on Visitors Carrying H.I.V.," New York Times, 9 Feb. 1993, p. A17; Clifford Krauss, "Immigration Ban on AIDS Is Backed," New York Times, 19 Feb. 1993, p. A7; Adam Clymer, "House, like Senate, Votes to Ban Immigrants Carrying AIDS Virus," New York Times, 12 Mar. 1993, p. A8.

7. See Philip J. Hilts, "Landmark Accord Promises to Ease Immigration Curbs," New York Times, 26 Oct. 1990, p. A1.

8. Robert Pear, "Health Dept. Loses in AIDS Rule Dispute," New York Times, 28 May 1991, p. A18.

9. Karen De Witt, "U.S., in Switch, Plans to Keep Out People Infected with AIDS Virus," New York Times, 26 May 1991, p. A1.

10. De Witt, "U.S., in Switch."

11. Pear, "Health Dept. Loses."

12. Pear, "Health Dept. Loses."

13. Robert Pear, "Ban on Aliens with AIDS to Continue for Now," New York Times, 30 May 1991, p. A23.

14. "This AIDS Ban Invites Ridicule," New York Times, 19 June 1991, p. A24.

15. Harvey V. Fineberg, "False Aim against AIDS," New York Times, 31 July 1991, p. A19.

16. Lawrence K. Altman, "U.S. Ban of Infected Travelers Attacked at World AIDS Conference," New York Times, 17 June 1991, p. A13; Philip J. Hilts, "U.S. Policy on Infected Visitors to Keep AIDS Meeting Out of Country," New York Times, 17 Aug. 1991, p. A6.

17. Philip J. Hilts, "U.S. Policy on Infected Visitors." See Philip J. Hilts, "U.S. Planning to Allow Visits by People with AIDS," New York Times, 2 Aug. 1991, p. B2.

18. De Witt, "U.S., in Switch."

19. William Dannemeyer, Shadow in the Land: Homosexuality in America (San Francisco: Ignatius Press, 1989). Dannemeyer's title recalls former surgeon general Thomas Parran's book, Shadow on the Land (New York: Reynal & Hitchcock, 1937), which detailed for its time the social horrors of syphilis and, sometimes, the evils of syphilitics.

20. See Timothy F. Murphy, "Is AIDS a Just Punishment?" Journal of Medical Ethics 14 (1988): 154-160.

21. Pear, "Ban on Aliens with AIDS."

22. Margaret A. Somerville, "The Case against HIV Antibody Testing of Refugees and Immigrants," Canadian Medical Association Journal 141 (1989): 889-894.

23. I do not think the adoption of such a bar desirable; I make this point in order to underscore an inconsistency in attitude in the desire to protect U.S. citizens but not foreign nationals from possible HIV infection.

24. Indeed, there are many accounts that pinpoint the responsibility of Americans, specifically gay Americans, in exporting AIDS to other countries. For example, see P. D. Marsden, "AIDS: It Came for the Carnival," British Medical Journal 302 (1991): 337.

25. Clifford Krauss, "Immigration Ban on AIDS Is Backed," New York Times, 19 Feb. 1993, p. A7.

26. Margaret Somerville, "Law as an 'Art Form' Reflecting AIDS: A Challenge to the Province and Function of Law," in Fluid Exchanges: Artists and Critics in the AIDS Crisis, ed. James Miller (Toronto: University of Toronto Press, 1992), 287-304.

27. Fineberg, "False Aim against AIDS."

28. "This AIDS Ban Invites Ridicule," New York Times, 19 June 1991, p. A24.

29. See David S. North, "Impact of Legal, Illegal, and Refugee Migrations on U.S. Social Service Programs," in U.S. Immigration and Refugee Policy, ed. Mary M. Kritz (Lexington, Mass.: Lexington Books, 1983), 269-285.

30. National Research Council, The Social Impact of AIDS, ed. Albert R. Jonsen and JeffStryker (Washington, D.C.: National Academy Press, 1993), 69.

31. See David F. Musto, "Quarantine and the Problem of AIDS," in AIDS: The Burdens of History, ed. Elizabeth Fee and Daniel M. Fox (Berkeley: University of California Press, 1988), 67-85.

32. Laurent DuBois, "Blood Stigma: Blaming Haitians for AIDS," Proteus 9 (1992): 20-24. See also Paul Farmer, AIDS and Accusation: Haiti and the Geography of Blame (Berkeley: University of California Press, 1992). On the connection with voodoo, see William R. Greenfield, "Night of the Living Dead II: Slow Virus Encephalopathies and AIDS: Do Necromantic Zombiists Transmit HTLV-III during Voodooistic Rituals?" Journal of the American Medical Association 256 (1986): 2199-2200.

33. Parran, Shadow on the Land , 36.

34. Philip J. Hilts, "U.S. Still Holds Haitians with H.I.V. in Cuba Base," New York Times , 10 Dec. 1992, p. A13.

35. See Michael S. Teitelbaum, "An Exodus Was Risky," New York Times, 2 Feb. 1993, p. A11.

36. Krauss, "Immigration Ban on AIDS Is Backed." As of this writing it is unclear whether the U.S. House of Representatives will affirm this vote or whether Mr. Clinton will veto any such measure put before him. As if to underline the homophobic implications of this kind of action, the media reported the Senate's action as linked to the president's efforts to lift the ban on gay men and lesbians serving openly in the military.

37. Mary B. Tabor, "Judge Orders the Release of Haitians," New York Times , 9 June 1993, p. B4. See also Thomas L. Friedman, "U.S. to Release 158 Haitian Detainees," New York Times , 10 June 1993, p. A6.

38. Somerville, "Law as an 'Art Form.'"

39. Musto, "Quarantine and the Problem of AIDS," 80.

40. For a review of some aspects of this exclusionary policy in force for about three-quarters of a century, see Peter N. Fowler and Leonard Graff, "Gay Aliens and Immigration: Resolving the Conflict between Hill and Longstaff," University of Dayton Law Review 10 (1985): 621-644.

41. See Anthony P. Maingot, "Ideology, Politics, and Citizenship in the American Debate on Immigration Policy: Beyond Consensus," in U.S. Immigration and Refugee Policy , 361-379.

42. This point was suggested to me by Judith Walzer Leavitt's, "'Typhoid Mary' Strikes Back: Bacteriological Theory and Practice in Early Twentieth-Century Public Health," Isis 83 (1992): 629.

43. Fineberg, "False Aim against AIDS."

44. Robert Pear, "U.S. to Argue Employers Can Cut Health Coverage," New York Times , 16 Oct. 1992, p. A14.

45. See "Health Insurance Horror," New York Times , 16 Nov. 1992, p. A12. The Supreme Court found an employer's action of setting a $5,000 lifetime limit on AIDS-related employee health benefits to be legal under the Employee Retirement and Income Security Act of 1974.

46. See Thomas J. Curran, Xenophobia and Immigration, 1820-1930 (Boston: Twayne, 1975).

47. See Lawrence H. Fuchs, "Immigration, Pluralism, and Public Policy: The Challenge of the Pluribus to the Unum," in U.S. Immigration and Refugee Policy , 269-285.

48. Curran, Xenophobia and Immigration , 120-128.

49. Jean-Paul Sartre, Anti-Semite and Jew (New York: Schocken, 1948).

50. Michael C. LeMay, "U.S. Immigration Policy and Politics," in The Gatekeepers: Comparative Immigration Policy , ed. Michael C. LeMay (New York: Praeger, 1989), 1-21.