Tle Surgeon General also advised INS officers that PHS would no longer make a medical examination of aliens referred by INS because of suspected homosexuality. While this denied INS medical confirmation of its agents suspicions. it did not change the underlying law on which INS agents are acting. The practical result is that an inexpert immigration officer. acting alone. can now determine arbitrarily that an arriving alien is to be denied entry solely on the grounds of the officers suspicions that the alien is a homosexLal. Meanwhile. other immigration officers may admit closet homosexuals whom they fail to suspect of homosexuality. Such inconsistent enforcement discriminates against the openly homosexual person and those who appear homosexual even though they may not be. and may regard those who choose to hide their homosexuality. It punishes selfrespect. hoiiesty. and openness.
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immigration