We’re Going Back to Court

New developments in our legal battle against the United States government

Three weeks ago, AVAC, as well as the Global Health Council and partners, sued the U.S. State Department and government officials including the President, to end the freeze on foreign assistance funding that is harming global health and development programs, including lifesaving HIV prevention efforts. 

On February 13, a US federal district court immediately granted a temporary restraining order and directed the government to lift the freeze and restore funding while our lawsuit progresses. Since then, the administration has repeatedly refused to restart funding, and the court has made clear more than once that the continued freeze is unlawful.  

“The government comes to this Court with an emergency of its own making,” our lawyers wrote in a filing.

The lengths that the government is willing to go to flout a court order, all for the goal of ending life-saving humanitarian assistance, is staggering,” they said.

Now we have a court date: this Thursday, March 6 at 2pm Eastern Standard Time, we will be in Washington, DC, to make the case for human rights, health and dignity – and the government paying its bills.

This fight is far from over, and your support has been instrumental in reaching this point, and together, we can continue to champion the rights and health of communities worldwide. 

How you can stay connected:

These are immensely challenging times for all of u, and it is easy to be paralyzed, overwhelmed and depressed. But we’ve all come too far for that to be the new normal.  Lives, economies and democracies depend on our collective ability to stand up and fight back. 

Global Health Watch: Lawsuit Rollercoaster, USAID Grants Terminated, NIH Research Funding in Limbo

Issue 5, February 28, 2025

This week has been marked by a further flurry of intense developments in global health, with aggressive political and legal actions by the new presidential administration and implications for PEPFAR, research, global health and more. Below is a roundup of the key issues and events shaping our work this week.


AVAC vs. Department of State 

Court cases against the US administration’s foreign aid freeze, including AVAC vs. Department of State, saw a lot of activity this week. Tuesday, the Federal Court ordered the administration to pay all invoices submitted and ensure reimbursement for work by midnight Wednesday. In response, the administration sought a temporary stay from the US Supreme Court. Chief Justice John Roberts, who handles emergency requests like this, granted the stay, allowing the Court more time to review the case and relieve the USG of its obligation to meet the February 26 payment deadline set by the lower court. At the same time, the overall case is still proceeding, and the lower court will hold a hearing of AVAC’s case (in combination with the related case brought by Global Health Council and partners) early next week (by March 4).    

IMPLICATIONS: The temporary stay issued by the Supreme Court does not imply how the Court will rule next week, and this is just one of a flood of cases challenging the new administration’s many questionable executive actions. We are witnessing a time when the US judicial system will be tested by the sheer volume of unconstitutional acts, and if the administration will comply with the rulings. 

FOLLOW ALONG: You can follow along with progress on the case at, https://avac.org/avac-vs-dept-of-state/

READ:  

Global Health Contracts Terminated 

Nearly 10,000 contract awards from USAID and the State Department were terminated on Wednesday, impacting a wide range of global programs. These cuts affect not only HIV programs, but also tuberculosis research and treatment access, malaria prevention, food and nutrition aid, and many other vital humanitarian assistance projects and programs worldwide.  

These cuts, affecting over 90% of the agency’s work and tens of billions of dollars in Congressionally approved spending, could bankrupt many implementing partners and shutter lifesaving programs, including critical components of PEPFAR.  

IMPLICATIONS: By cutting 90% of USAID’s work, including programing for HIV, like PEPFAR, many implementing partners do not have capacity to deliver live-saving HIV treatment and prevention programming, services and supplies. Tens of thousands of in-country health workers are unemployed; clinics shuttered; trust and confidence of patients, partners and governments are now gone. While the administration insists that foreign aid, which represents roughly 1% of the federal budget, has become wasteful and detached from US interests. However, these actions dangerously undermine the US’ global influence and soft diplomatic power. 

READ:  

PEPFAR in Jeopardy 

PEPFAR, the US government’s flagship HIV/AIDS program, is confronting unprecedented challenges under President Trump’s second term. The executive order to pause foreign aid, the dismantling of USAID, which implements approximately 50% of PEPFAR’s investment, and intensified political scrutiny of PEPFAR, have all destabilized the program’s once-stalwart support, with reauthorization coming in late March.  

IMPLICATIONS: Jirair Ratevosian, who previously was PEPFAR’s chief of staff and Legislative Director for former US Congresswoman Barbara Lee of California, explores what a post-Trump global HIV response might look like with Mia Malan on this must-listen Bhekisisa podcast. “I think where all this is leading is to a State Department-led foreign assistance effort that will be implemented through partnerships that are not going to be as diverse and complicated as there were before. And there are some consequences…I think that we’re going to an era where the operating part will look very different, but I think we have to look at it as an opportunity…I’m hopeful this is one of those bright spots where, when you reduce the number of intermediaries, so to speak, you could actually save some money, give more of it to the program itself, and then that can hopefully lead to more productivity at the country itself.” 

READ:  

LISTEN: Would Pepfar survive Trump — and what would it look like?—Bhekisisa   

NIH Research Funding Concerns 

NIH funding continues to be at a standstill as final funding decisions remain in limbo—research grants are still frozen amid ongoing legal battles. In the meantime, an investigation suggests that individuals connected to Elon Musk’s Department of Government Efficiency (DOGE) task force now have access to the NIH’s financial systems, raising fresh concerns about the agency’s internal oversight. 

READ:  

Mobilizing Amid Attacks on Science 

As scientists and advocates are confronted with the new administration’s assaults on scientific integrity, many are mobilizing.  

At the nation’s capital this week, protestors staged a “die-in,” to spotlight the dismantling of USAID and foreign aid, and the impact on countless lives and livelihoods under the new administration’s orders. A recent editorial in Science detailed how scientific leaders, universities, and professional organizations are organizing—through lawsuits, public statements, and advocacy efforts—to defend the integrity of science. “We will not change the principles and processes by which we serve the scientific community; those outside the United States should not have to alter their research agenda or methods because of bad decisions about science policy in the US.” 

The Community Health & HIV Advocates Navigating Global Emergencies (CHANGE) coalition is developing resources for advocates and organizing to protect access to HIV treatment and prevention. Find their resources featured in Global Health Watch and contact them at [email protected].  

READ:  


Resources

What We’re Reading

Global Health Watch: Africa Rises, Legal Battles Mount, and NIH in Turmoil 

This week’s issue covers African governments’ efforts to address the gaps left by the US foreign aid freeze, escalating legal battles, policy changes at NIH and communities mobilizing against it all.  

African Governments Stepping Up to Lead  

Over the years, AVAC-supported projects such as CASPR and COMPASS have been advocating for African governments to invest more in health. Now, in response to the US foreign aid freeze and the dismantling of USAID, African governments are beginning to address the enormous challenges ahead. This week, Nigerian lawmakers approved $200 million for its health sector; the Ministry of Health in Zambia committed to ensure uninterrupted HIV, TB and Malaria services despite the freeze; and health departments in South Africa are implementing contingency plans by offering HIV patients six-month supplies of medication to cope with freeze of US-funded HIV projects. Some leaders are arguing that the rollback of critical programs like PEPFAR, expose a long-standing dependence imposed by the Global North and see the crisis as an opportunity for African nations to invest in their own healthcare, research, and collaborative networks.  

READ: This commentary from the president of the South African Medical Research Council Ntobeko Ntusi: US aid cuts are an opportunity to reimagine global health. 

AVAC vs. Department of State

In new developments in the AVAC vs. Department of State case against the foreign aid freeze,  last Thursday, the US judge granted AVAC’s request for a “temporary restraining order” (TRO) that theoretically would restart funding. This week, the US government, in a court filing, argued it had the authority to suspend the foreign aid freeze, despite the restraining order issued by the judge. Public Citizen’s Litigation Group that is representing AVAC, filed a further motion on February 19 to hold USG officials in contempt for ignoring the order and to fully enforce the TRO. Read more about it in this Politico story. In the government’s response on February 20, they say they are following the TRO. We’ll see what the judge says! 

And perhaps the most interesting part of our motion on the 19th is the exhibit from a “Jessica Doe”, the alias for a USAID whistleblower whose story in her declaration describes the toll in human suffering of the freeze. It is alarming.

IMPLICATIONS: Regardless of the court’s ultimate ruling, many programs will likely be eliminated or redesigned according to the State Department’s waiver process—one that excludes primary prevention beyond PMTCT and eliminates rights-based, science-driven advocacy.

FOLLOW ALONG: You can follow along with progress on the case at, https://avac.org/avac-vs-dept-of-state/

JOIN US: Today at 9:00am ET / 17h00 EAT where the lead lawyer from Public Citizen, Lauren Bateman, and Mitchell will discuss the case on a Public Citizen call that’s open to all; you can join here. 

Reduced NIH Workforce and Indirect Cost Cap 

The US administration significantly reduced staffing across the Department of Health and Human Services (HHS), firing approximately 3,600 employees. Many of those dismissed worked at the National Institutes of Health (NIH) and on emergency preparedness and at National Institute of Allergy and Infectious Diseases (NIAID).  

Later today, Friday, a judge will review another lawsuit challenging the executive order which would cap indirect costs at the NIH at a far lower level—a temporary restraining order was granted last weekend pausing this action. However, if the government is successful in executing the order, the new cap is expected to result in the loss of billions of dollars to support NIH-funded research at academic campuses around the country, forcing labs closures and significant job losses among researchers around the world.  

IMPLICATIONS: Reducing NIH’s workforce and indirect cost rates could cripple critical biomedical research and compromise the nation’s ability to address both chronic and emerging health threats. While the administration defends these actions as necessary streamlining and cutting wasteful spending, critics argue that the indiscriminate nature of the firings jeopardizes vital health initiatives and undermines public trust in government support for scientific innovation. 

READ: Mass firings decimate US science agencies–Science

USAID Employees’ Lawsuit 

In the latest legal challenge against the administration’s dismantling of USAID, 26 former and current USAID employees have filed a lawsuit against Elon Musk. They allege that Musk, through his leadership of the Department of Government Efficiency (DOGE), decimated the agency without proper authority, acting without a formal appointment or congressional nomination. 

IMPLICATIONS: This case, the fourth of its kind targeting actions against USAID, underscores the chaotic and reckless nature of these measures, which are dismantling decades of progress in global health and humanitarian aid. 

Communities Respond to Executive Orders 

Civil society advocates across global health continue to organize and drive action through the new Community Health & HIV Advocates Navigating Global Emergencies (CHANGE) coalition, developing resources for advocates and organizing to protect access to HIV treatment and prevention. Find their resources featured in Global Health Watch and contact them at [email protected]. Community-led organizations are also mobilizing rapidly in response to the foreign aid funding freeze and the immediate disruptions they are experiencing—clinics closing, staff layoffs, and shortages of critical supplies like ARVs and HIV testing kits. Emergency meetings, such as those convened by UNAIDS, are underway to assess the damage and coordinate mitigation measures.   

The science and academic communities are also mobilizing, articulating the impacts of NIH’s cap on indirect costs, filing class action lawsuits to stop the firings, and organizing the March 7 event, Stand Up for Science, in Washington, D.C.  

IMPLICATIONS: With policies changing overnight, legal decisions being ignored, and funding being abruptly halted, there’s an urgent need for health systems that do not rise and fall with political whims. This crisis is an opportunity to create a stronger, more sustainable and more resilient global health framework that truly protects and empowers communities.  

Resources

What we’re reading:

In other news, there was more progress in HIV prevention: the US FDA agreed to an expedited review of the new drug application of lenacapavir for PrEP. Read Gilead’s press release. The FDA has until June 19 to issue its decision. The Lancet also published new data from the B-PROTECTED clinical trial, finding the dapivirine vaginal ring is safe to use during breastfeeding. And The 8th replenishment of the Global Fund has launched

Donate today to help fund our efforts. Every contribution helps us keep the pressure on!

Join Our Fight for HIV Prevention

AVAC has taken an extraordinary step to protect global health. This week we sued the U.S. State Department and Presidential Administration to challenge the devastating freeze on foreign aid funding that is threatening lifesaving programs worldwide. Read about it in the New York Times and Devex.

Right now, critical HIV prevention initiatives—including those that support PrEP access and the development of new HIV prevention options—are being disrupted because of politically motivated funding decisions. But this lawsuit is about more than HIV prevention; it’s about holding the U.S. government accountable for its commitments to public health and human rights.

But we can’t do this alone. We need your support to sustain this fight and ensure that our partners and communities most at risk for HIV are not left behind.

Donate today to help fund our efforts. Every contribution helps us keep the pressure on!

Your Support Will Help Us:

  • Fight to reinstate essential PEPFAR-funded programs. 
  • Ensure the U.S. government follows the law and honors its commitments. 
  • Continue to advocate for evidence-based HIV prevention strategies worldwide. 

This is a defining moment for HIV prevention and global health equity. Stand with us.

Make your contribution today. Donate today to help fund our efforts. Every contribution helps us keep the pressure on!

With gratitude,

Mitchell Warren,
AVAC Executive Director

PS: Three Things You Can Do To Get Involved
  • Read and share our weekly Global Health Watch news brief for the latest developments in US policy and implications for HIV and health equity and engage with us on Bluesky and Instagram.
  • Learn more about our CASPR project, an Africa-led coalition of partners changing how prevention is pursued and delivered, that was halted by the US government.
  • Learn more about AVAC’s programs and read the latest news.

Global Health Watch News Brief

Lawsuits, PEPFAR chaos, and the fight to reverse harmful policies

This week has brought continued confusion around PEPFAR waivers, reports on the devastating impacts of the funding freeze and the fight to reverse harmful policies as the new administration attempts to dismantle USAID and shrink the federal government. These developments are threatening decades of progress in HIV prevention and treatment. Find details on these updates below.

New Developments

Lawsuits

Global health organizations are challenging the US administration’s freeze on foreign aid and funding. AVAC and the Journalists Development Network in partnership with Public Citizen filed a federal lawsuit seeking to reverse the freeze, arguing it is unconstitutional and causes “needless death, destruction and immiseration.” This encompasses extensive harm to lifesaving HIV prevention and treatment programs. Similarly, the Global Health Council along with other large development agencies filed an additional, similar lawsuit seeking relief to protect the global health sector and ensure the continuation of vital foreign assistance.  

IMPLICATIONS: If successful, the lawsuits could result in the funding freeze being declared illegal. The new administration could face further court action if they ignore a finding of illegality. Reversing the freeze would allow PEPFAR and other vital programs to resume and protect global health initiatives from presidential overreach. 

READ:

Confusion and Chaos with the PEPFAR Waivers

The rollout of PEPFAR waivers has so far been mired in confusion and inconsistency. The latest tracking from amfAR and partners report that as of February 9, “most lifesaving services [from PEPFAR] remain paused”. Among PEPFAR-funded providers who were surveyed, 36% reported they had completely closed down. Only 10% had restarted offering services. As AVAC Executive Director Mitchell Warren told Science Magazine in ‘Madness’: Trump Freeze on Global HIV Prevention Efforts Sparks Disbelief and Anger, “This is not only bad politics in terms of government-to-government relationships, it is bad medicine, it is bad science, and it is dumb.” He further described the chaos to Bhekisisa, saying, “The flurry of actions really provides an unprecedented amount of whiplash, wondering each day what to do, what not to do.” Organizations are still waiting for formal certification letters, adding to the uncertainty.

PEPFAR Waivers Omit PrEP

A February 6 waiver from the State Department allowed some PEPFAR treatment and PMTCT programs to resume, but primary HIV prevention efforts—particularly access to PrEP and VMMC—have been explicitly blocked, except PrEP for pregnant and breastfeeding women. “People who may be at high risk, such as key populations, or were previously initiated on PrEP cannot be offered PEPFAR-funded PrEP…”. Advocates are calling for an immediate reversal.  

IMPLICATIONS: By blocking access to PEPFAR-funded PrEP for most at-risk populations, the administration is cutting off a proven prevention method. It is ignoring decades of scientific evidence and threatening to reverse progress, putting millions of lives at risk.

READ:

NIH Cuts Billions in Research Funding

The National Institutes of Health (NIH) announced that it would be capping “indirect” costs—used for facilities, administrative support, and compliance—at 15%, down from an average of 30-70%. This decision threatened to impose drastic funding cuts to public research institutions. However, lawsuits and backlash ensued and on Tuesday, a temporary pause was put on these plans. In addition, NIH’s Deputy Director and Director of Extramural Research have resigned, signaling major upheaval at the NIH. While the details remain unclear, it’s increasingly evident that something major is unfolding at the NIH. 

IMPLICATIONS: Indirect spending is vital to the success of biomedical research, training and care, including support for medical staff, research and safety equipment, salaries and tuition for the next generation of nurses, doctors and researchers. A decrease to the indirect costs to a standardized rate of 15% will have a devastating and long-lasting impact on US research institutions, particularly on state universities that rely on Federal indirect costs to support the advanced medical facilities required for research and healthcare. These cuts will affect current clinical trials, force labs to close, and erode US leadership in biomedical research.

RFK Jr. Confirmed as HHS Secretary

Robert F. Kennedy Jr. was confirmed Thursday as Health and Human Services (HHS) Secretary despite concerns over his vaccine skepticism, AIDS denialism, and racist views of immunology. He now oversees the CDC, NIH, FDA, and other key health agencies—impacting funding, programs, and science communication.  

IMPLICATIONS: RFK’s history of promoting HIV/AIDS denialism and spreading misinformation about vaccines could undermine trust in established HIV prevention and treatment strategies. RFK’s leadership threatens to undermine evidence-based policies and could reverse decades of progress in global health. 

READ THESE OP-EDs:

Federal Websites Ordered to be Restored

A judge ruled that the Department of Health and Human Services (DHHS), the Food and Drug (FDA) Administration and the Centers for Disease Control and Prevention (CDC) must restore online access to websites and pages with data and guidance on HIV monitoring, health risks for youths and assisted reproductive technologies. Other websites have yet to be restored.

Seeking Visuals and Videos

Leading groups in Washington, DC are urgently trying to collect videos and photos of what’s happening “on the ground” because of the freeze. Non-professional phone videos and photos are welcome.

Contact [email protected] for more

What We’re Reading

Resources

Stay strong and stay united.

Donate today to help fund our efforts. Every contribution helps us keep the pressure on!

Critical Win In Lawsuit Against Trump Administration Over Foreign Aid Funding

This evening, a federal district court granted our motion for a temporary restraining order (TRO) against the Trump administration’s wholesale freeze on foreign assistance funding. The order lifts the freeze and restores funding while our lawsuit against the administration moves forward.

The court order directs the administration not to suspend, pause, or otherwise prevent the obligation or disbursement of appropriated foreign-assistance funds in connection with any contracts, grants, cooperative agreements, loans, or other federal foreign assistance award that was in existence as of January 19, 2025. It also bars the administration from issuing, implementing, enforcing, or otherwise giving effect to terminations, suspensions, or stop-work orders in connection with any contracts, grants, cooperative agreements, loans, or other federal foreign assistance award that was in existence as of January 19, 2025.

“This order is not just an enormous victory for our clients. It is a victory for the world,” said Lauren Bateman, a lawyer at Public Citizen Litigation Group and lead counsel on the case. “Life-saving humanitarian work can resume, and thousands of American jobs will be saved. It is not hyperbole to say that this order saves lives.”

“The freeze on foreign assistance funding is illegal and it is imperative that funding be restored,” said a JDN spokesperson. “For decades, the State Department and USAID support has helped journalists in some of the world’s most repressive and corrupt regimes stay independent of the state and ruling oligarchs. The public has benefited enormously from that work.”

“This decision represents a pivotal moment  for HIV prevention and global health equity,” said Mitchell Warren, AVAC Executive Director. “The Administration has a responsibility to end this massive disruption and harm to work that is essential to global health and national security. Foreign assistance programs don’t operate with an on/off switch, and any changes or modification should be made strategically, not in a chaotic manner that jeopardizes human health, life, and safety and security.”

Nonprofits Sue Trump Administration to Reverse Freeze on Foreign Aid Funding

Today, Public Citizen filed a lawsuit in the US District Court for the District of Columbia against President Trump, the State Department, the US Agency for International Development (USAID), the Office of Management and Budget (OMB), Marco Rubio, Secretary State and Acting Administrator of USAID, and Russell Vought, Director of the Office of Management and Budget, on behalf of the AIDS Vaccine Advocacy Coalition (AVAC) and Journalism Development Network, Inc. (JDN), seeking emergency relief from the freeze on funding for foreign assistance. 

By abruptly freezing foreign assistance funding, the administration has halted the life-saving work of organizations across the globe. The administration’s actions have also cost thousands of American jobs and counting. 

“The Trump administration’s freeze on foreign assistance funding is dangerous and illegal,” said Public Citizen attorney Lauren Bateman, the lead lawyer on the case. “When programs like the ones run by our clients are abruptly shuttered, the impacts are felt throughout the world—with the most vulnerable people bearing the deadliest impact.” 

AVAC is a New York-based non-profit founded in 1995 that works to help end the global HIV/AIDS epidemic by accelerating development and delivery of HIV prevention options. AVAC has been forced to abruptly stop CASPR, a coalition of African civil society organizations that supports research on HIV prevention and provides resources for local communities, including medical research trial participants, journalists, and policy makers. As a result, the rollout of emerging HIV preventative drugs across the African continent may be delayed, risking deadly consequences. AVAC has been forced by the illegal funding freeze to begin laying off members of its 46-person staff. 

“This funding freeze and the draconian actions of this administration are harming global health and security. In the name of economic efficiency, they are destabilizing public health, diplomatic relationships, communities, and economies,” said Mitchell Warren, AVAC Executive Director. “AVAC and many of our African civil society CASPR partners will be irreparably harmed by this pause. It takes time to build up these programs and relationships, but it is taking days to destroy them—and it will take more time to re-build, no matter who funds these efforts. USAID has made America stronger, safer and more prosperous for decades. It’s no time to throw that away.”

The Journalism Development Network, Inc. (JDN) is a Maryland-based non-profit corporation that supports a global consortium of journalists from more than 70 non-profit investigative centers and regional news organizations across the world. JDN receives funding from USAID for its Strengthening Transparency and Accountability Through Investigative Reporting (STAIR) program to support collaborative investigative journalism networks in Europe and Eurasia. 

The USAID funding freeze has shut down JDN’s operations in a number of countries, slashed nearly a third of its budget, forced it to lay off 20% of its staff and reduced salaries and work time for most of the remaining employees. If funding is not restored, JDN will have to permanently close some programs, including  operations in countries in Asia, the Pacific, Latin America and Europe.

“This illegal action by the government deprives small investigative media in low-income countries around the world of the funds they badly need to operate. These centers are critical to holding power to account in some of the toughest places in the world to report. Many are ex-pat journalists who could be deported back home where they risk arrest and torture.” said a JDN spokesperson.

PrEP Ban Betrays Decades of Global HIV Prevention Efforts

The world is witnessing a catastrophic and entirely avoidable rollback of progress in the fight against HIV. In the past two decades, the President’s Emergency Plan for AIDS Relief (PEPFAR) has been a lifeline, providing treatment and prevention services that have saved millions of lives. But a dangerous new directive from the US government has frozen critical HIV prevention programs, including access to Pre-Exposure Prophylaxis (PrEP).

As AVAC Executive Director told Science Magazine in ‘Madness’: Trump Freeze on Global HIV Prevention Efforts Sparks Disbelief and Anger“This is not only bad politics in terms of government-to-government relationships, it is bad medicine, it is bad science, and it is dumb.” 
 
Read more in a new blog post below by AVAC’s Director of Communications, Kenyon Farrow, The Human Cost of PEPFAR’s PrEP Restrictions


The Human Cost of PEPFAR’s PrEP Restrictions

The President’s Emergency Plan for AIDS Relief (PEPFAR) has long been hailed as one of the most successful and bipartisan efforts in global health. Established in 2003 under the Bush Administration, PEPFAR has saved millions of lives by providing critical HIV treatment and prevention services and building partnerships with countries and communities. But this work ground to halt last week, with a chilling pause on all work.

This week, the State Department approved a limited waiver to re-start some treatment and PMTCT programs is a small step forward, but far from a victory at all. And it is especially short-sighted and cruel in it approach (or lack thereof) to primary HIV prevention. One of the most effective tools in the fight against HIV has been Pre-Exposure Prophylaxis (PrEP), a medication regimen that reduces the risk of acquiring HIV by over 99% when taken consistently. Yet, with this new guidance, the Trump Administration is choosing politics over science, discrimination over compassion, and ultimately, death over life.

The February 6th guidance from the Trump Administration stating that “people other than pregnant and breastfeeding women who may be at high risk of HIV infection or were previously initiated on a PrEP option cannot be offered PEPFAR-funded PrEP during this pause of US Foreign Assistance or until further notice” is not only a dangerous deviation from sound public health policy—it is a death sentence for thousands of people at risk of HIV globally.

PrEP is one of the most powerful tools available in the fight against HIV/AIDS. Public health experts and epidemiologists agree that expanding access to PrEP is essential to curbing new infections. The administration’s directive effectively shuts the door on communities around the world, depriving them of life-saving medication and increasing the risk of new HIV transmissions. This move not only contradicts decades of scientific research but also undermines the very mission of PEPFAR: to save lives and reduce the burden of HIV/AIDS worldwide.

The restriction on PrEP access is particularly troubling in regions where the HIV epidemic is most severe, such as sub-Saharan Africa. In these areas, young women account for a disproportionate number of new infections, but so do men who have sex with men (MSM) and transgender individuals—groups that are now explicitly excluded from PEPFAR-funded PrEP under this new policy. By denying these populations access to PrEP, the administration is actively allowing the HIV epidemic to spiral further out of control.

Research has continued to produce newer modalities of PrEP that are long-acting products, which create even more possibilities for people to protect themselves for up to six months per dose. One long-acting prevention tool, injectable lenacapavir, is currently under FDA review and could provide a valuable option for people who have trouble with daily pill-taking or fear the stigma that is sometimes associated with ARVs in their communities. With regulatory approval and WHO guidelines expected by the middle of the year, injectable lenacapavir provides the best chance to drive down the number of new infections. So stopping current PrEP programs makes seizing this new opportunity that much harder.

This decision appears to be less about public health and more about an ideological agenda that seeks to police morality rather than protect lives. The new Trump Administration, just weeks into its second term is demonstrating a careless pattern of undermining global health programs, including cutting funding for international health organizations that provided comprehensive sexual health services. This latest move is yet another example of the administration prioritizing conservative politics over the well-being of vulnerable populations.

By selectively restricting PrEP access to only pregnant and breastfeeding women, the administration is effectively signaling that only certain groups are deemed “worthy” of HIV prevention. This echoes the stigmatizing rhetoric that has long plagued HIV/AIDS policy, one that associates the disease with so-called “immoral” behavior and seeks to punish those who are at highest risk. Such policies not only fail to address the reality of the HIV epidemic but also reinforce dangerous stereotypes that fuel discrimination and stigma.

The repercussions of this policy extend far beyond the immediate communities affected. As the largest funder of global HIV/AIDS programs, the United States has a moral and strategic responsibility—and opportunity—to lead with science and evidence-based solutions. The decision to restrict PrEP access will not only increase new infections but also put added strain on already overburdened healthcare systems. The cost of treating HIV is significantly higher than preventing it, making this policy both a moral and fiscal failure.

Moreover, at a time when the world is grappling with multiple global health crises, the US should be strengthening, not weakening, its commitment to international health initiatives. This policy shift undermines trust in US global health leadership and sends a dangerous message to other nations that discrimination and exclusion are acceptable public health strategies.

Congress, global health advocates, and the public must demand the immediate reversal of this harmful policy.

The fight against HIV/AIDS is far from over. We cannot afford to take steps backward when so many lives are at stake. The Trump Administration’s decision to deny PrEP to those most at risk is a dereliction of duty, a moral failing, and a betrayal of the very principles that PEPFAR was founded upon. The world is watching, and history will not judge kindly those who choose exclusion over compassion, politics over science, and death over life.

Resources

The Human Cost of PEPFAR’s PrEP Restrictions

By Kenyon Farrow

The President’s Emergency Plan for AIDS Relief (PEPFAR) has long been hailed as one of the most successful and bipartisan efforts in global health. Established in 2003 under the Bush Administration, PEPFAR has saved millions of lives by providing critical HIV treatment and prevention services and building partnerships with countries and communities. But this work ground to halt last week, with a chilling pause on all work.

This week, the State Department approved a limited waiver to re-start some treatment and PMTCT programs is a small step forward, but far from a victory at all. And it is especially short-sighted and cruel in it approach (or lack thereof) to primary HIV prevention. One of the most effective tools in the fight against HIV has been Pre-Exposure Prophylaxis (PrEP), a medication regimen that reduces the risk of acquiring HIV by over 99% when taken consistently. Yet, with this new guidance, the Trump Administration is choosing politics over science, discrimination over compassion, and ultimately, death over life.

The February 6th guidance from the Trump Administration stating that “people other than pregnant and breastfeeding women who may be at high risk of HIV infection or were previously initiated on a PrEP option cannot be offered PEPFAR-funded PrEP during this pause of US Foreign Assistance or until further notice” is not only a dangerous deviation from sound public health policy—it is a death sentence for thousands of people at risk of HIV globally.

PrEP is one of the most powerful tools available in the fight against HIV/AIDS. Public health experts and epidemiologists agree that expanding access to PrEP is essential to curbing new infections. The administration’s directive effectively shuts the door on communities around the world, depriving them of life-saving medication and increasing the risk of new HIV transmissions. This move not only contradicts decades of scientific research but also undermines the very mission of PEPFAR: to save lives and reduce the burden of HIV/AIDS worldwide.

The restriction on PrEP access is particularly troubling in regions where the HIV epidemic is most severe, such as sub-Saharan Africa. In these areas, young women account for a disproportionate number of new infections, but so do men who have sex with men (MSM) and transgender individuals—groups that are now explicitly excluded from PEPFAR-funded PrEP under this new policy. By denying these populations access to PrEP, the administration is actively allowing the HIV epidemic to spiral further out of control.

Research has continued to produce newer modalities of PrEP that are long-acting products, which create even more possibilities for people to protect themselves for up to six months per dose. One long-acting prevention tool, injectable lenacapavir, is currently under FDA review and could provide a valuable option for people who have trouble with daily pill-taking or fear the stigma that is sometimes associated with ARVs in their communities. With regulatory approval and WHO guidelines expected by the middle of the year, injectable lenacapavir provides the best chance to drive down the number of new infections. So stopping current PrEP programs makes seizing this new opportunity that much harder.

This decision appears to be less about public health and more about an ideological agenda that seeks to police morality rather than protect lives. The new Trump Administration, just weeks into its second term is demonstrating a careless pattern of undermining global health programs, including cutting funding for international health organizations that provided comprehensive sexual health services. This latest move is yet another example of the administration prioritizing conservative politics over the well-being of vulnerable populations.

By selectively restricting PrEP access to only pregnant and breastfeeding women, the administration is effectively signaling that only certain groups are deemed “worthy” of HIV prevention. This echoes the stigmatizing rhetoric that has long plagued HIV/AIDS policy, one that associates the disease with so-called “immoral” behavior and seeks to punish those who are at highest risk. Such policies not only fail to address the reality of the HIV epidemic but also reinforce dangerous stereotypes that fuel discrimination and stigma.

The repercussions of this policy extend far beyond the immediate communities affected. As the largest funder of global HIV/AIDS programs, the United States has a moral and strategic responsibility—and opportunity—to lead with science and evidence-based solutions. The decision to restrict PrEP access will not only increase new infections but also put added strain on already overburdened healthcare systems. The cost of treating HIV is significantly higher than preventing it, making this policy both a moral and fiscal failure.

Moreover, at a time when the world is grappling with multiple global health crises, the US should be strengthening, not weakening, its commitment to international health initiatives. This policy shift undermines trust in US global health leadership and sends a dangerous message to other nations that discrimination and exclusion are acceptable public health strategies.

Congress, global health advocates, and the public must demand the immediate reversal of this harmful policy.

The fight against HIV/AIDS is far from over. We cannot afford to take steps backward when so many lives are at stake. The Trump Administration’s decision to deny PrEP to those most at risk is a dereliction of duty, a moral failing, and a betrayal of the very principles that PEPFAR was founded upon. The world is watching, and history will not judge kindly those who choose exclusion over compassion, politics over science, and death over life.

Global Health Watch News Brief

New guidance, confusion, and advocacy in action

The sustained attacks on global health and the dismantling of critical infrastructure by the US government continued this week. Here is an overview of developments in US policies and their implications for the HIV response and global health equity.  

New Developments

  • Humanitarian Aid, PEPFAR Freeze and HIV Prevention 
    A pause on all US foreign assistance was announced January 20, leading to layoffs and halted delivery of life-saving medication and services, with severe consequences for communities. Last weekend, PEPFAR finally received a waiver for some treatment and programs for the prevention of mother-to-child transmission (PMTCT). However, guidance has been lacking as to which programs can resume. On Thursday, the US Department of State issued guidance allowing for the continuation of HIV testing for all populations and HIV care and treatment for all people living with HIV. But primary prevention and key population programming was excluded, and the guidance goes so far as to state: “people other than pregnant and breastfeeding women who may be at high risk of HIV infection or were previously initiated on a PrEP option cannot be offered PEPFAR-funded PrEP during this pause of US Foreign Assistance or until further notice”. In the meantime, almost all USAID staff were put on administrative leave and all contract staff at PEPFAR were laid off on Wednesday. Advocates and implementers in dozens of countries are already reporting significant setbacks, including closed drop-in centers and halted PrEP distribution. In an attempt to fight back and advance HIV prevention as core in the global HIV response, the African Women Prevention Community Accountability Board issued a powerful Call to Action for Sustaining HIV Prevention Gains for Women and Girls in Africa.

    IMPLICATIONS: The situation remains deeply concerning and riddled with confusion: while some waivers are being granted, many implementing partners continue to face stop-work orders, stalling critical services. Most alarmingly, disallowing individuals already on life-saving PrEP from continuing these services threatens to reverse hard-won progress in controlling the HIV epidemic. As Kenneth Ngure explains in the New York Times article on the USAID withdrawal’s impact on clinical trials: “Without regular [PrEP] injections or a carefully-managed discontinuation, the participants will not have enough cabotegravir to stop a new infection, but there will be enough in their systems that, if they were to contract the virus, it could easily mutate to become drug-resistant.” 

    READ
    Abandoned in the Middle of Clinical Trials, Because of a Trump Order – New York Times
    Too little, too late: What a PEPFAR waiver can’t do – Bhekisisa  
    The Status of President Trump’s Pause of Foreign Aid and Implications for PEPFAR and other Global Health Programs – KFF
  • USAID Shutdown and Dismantling 
    The majority of USAID staff and contractors were fired or placed on administrative leave and locked out of their accounts and out of the building in Washington, DC. Most essential functions of the agency have been stopped. Many lawmakers on both the Democrat and Republican sides have opposed these orders, but attempts to pass resolutions supporting USAID have been blocked in the Senate. Also, Secretary of State Marco Rubio informed lawmakers that he would also serve as Acting USAID Administrator and has given Peter Marocco, a political appointee at the State Department, additional responsibility at USAID. This allowed Marocco to start reviewing and possibly restructuring USAID’s programs. The State Department also began a review of USAID’s foreign aid activities, with the goal of potential reorganization. Reports late on Thursday were that USAID would have less than 300 staff left (down from over 10,000) and 800 awards and contracts were being canceled. Labor groups representing employees at USAID brought a lawsuit against the new administration over efforts to freeze foreign assistance and HIV advocates protested in Washington, DC Thursday demanding that the administration fully restore PEPFAR funding. So much for a 90-day pause and review – all done in two weeks? 

    IMPLICATIONS: This dismantling includes efforts to completely dissolve USAID, raising significant concerns about the future of global health and development programs. Many argue that a shutdown of the agency undermines US power and global influence, especially as China and Russia look to fill in the foreign aid gaps. As we wrote last week, contractors at USAID and the State Department Bureau of Global Health Security and Diplomacy (GHSD) are essential to the Bureau’s operations, and their expulsion paralyzes USAID, GHSD and PEPFAR. 

    READ:
    USAID may be reorganized, absorbed by the State Department, Rubio says – Devex 
    USAID Workforce Slashed From 10,000 to Under 300 as Elon Musk’s DOGE Decimates Agency – Wired 
  • New Gender Policy
    The US CDC, NIH and other federal health agencies removed hundreds of HIV-related web pages on 8,000+ websites following executive orders targeting “gender ideology” and “DEI.” This week, many of the pages have been restored, but without reference to transgender individuals. The restored pages show a rushed revision to content on HIV, STIs and sexual and reproductive health and important information for key populations has been removed. This censorship is further exacerbated by instructions from the new administration demanding that scientists at the US Centers for Disease Control and Prevention (CDC) retract scientific articles that include “forbidden terms” such as gender, transgender, LGBT, or transsexual. 

    The recent removal of HIV- and LGBTQ-related content undermines public health and health equity. Key resources, including HIV PrEP guidance and transgender-focused materials, were deleted or revised, leaving significant gaps in data and care recommendations. Though some information has been restored, critical omissions jeopardize effective HIV prevention, care, and outreach, particularly for marginalized populations at higher risk of infection. In response to the censorship of scientific publications, at least the British Medical Journal editors stood up in their editorial: Medical journal editors must resist CDC order and anti-gender ideology: “The US was considered a world leader in public health and research. With one repressive stroke that reputation risks being shattered and broken. If anything is forbidden now, it is that medical and science journals, whose duty is to stand for integrity and equity, should bow to political or ideological censorship.” 
  • Robert F. Kennedy Jr. Confirmation Hearings  
    The Senate Finance Committee voted to advance Robert F. Kennedy Jr.’s nomination for Secretary of Health and Human Services (HHS). His nomination now moves on to the full Senate after a 14-13 vote. Senator Bill Cassidy, a medical doctor and Republican from Louisiana, who voiced support for PEPFAR previously, ended up voting for Kennedy.  

    IMPLICATIONS: Despite concerns over Kennedy’s vaccine skepticism, AIDS denialism and racist views of immunology, his confirmation appears likely with a full Senate vote imminent. As HHS Secretary, Kennedy would have control over the US CDC, NIH, FDA and other important health agencies, including how funding is spent, how programs are administered and how science is communicated.  

Seeking Visuals and Videos

Leading groups in Washington, DC are urgently trying to collect videos and photos of what’s happening “on the ground” because of the freeze, such as clinic closures despite the waiver. Non-professional phone videos and photos are welcome. Contact or send to [email protected] for more details.

Contact or send to [email protected] for more details

What we’re reading

Resources

  • Litigation Tracker: A public resource tracking the legal challenges to the Trump administration’s executive orders, Just Security 

Tracking the impact

  • USAID Stop-Work, a resource tracking the impact of the stop work order to USAID 

In other news, there was progress in HIV prevention: Gilead Sciences submitted lenacapavir for PrEP to the European Medicines Agencies (EMA) for review, both to market in Europe as well as for an EU-Medicines for All (EU-M4all) application that would facilitate availability of LEN for PrEP in low- and lower-middle-income countries. This marks a big step toward ensuring injectable PrEP reaches those who need it most, which was also highlighted in this week’s Lancet HIV editorial: Steps toward quick and equitable roll-out of lenacapavir. This makes fighting to restart PEPFAR-supported PrEP programs all the more important, so the world can prepare for LEN introduction. If we can’t drive down new infections with all options, we can’t imagine a sustainable HIV response.