COVID-19 UPDATE. Part 1. Trump Administration Limits on Travel
Worldwide.
As the pandemic
has grown, the Administration has gradually limited visas and travel from other
parts of the world:
- On January 31st, the Trump Administration shut down travel to the U.S. from China;
- On February 29th, the Administration extended that ban to Iran;
- Then in
mid-March, the Administration extended that ban to most of Europe: closing off
travel from most of the continent with exceptions made for U.S. citizens,
permanent residents and their family members;
- All persons not affected by the travel restrictions, arriving from travel-restricted countries into designated airports, are being requested to self-quarantine for 14 days upon arrival to their final destinations;
- Starting March 20, the U.S. borders with Mexico and Canada were closed to all non-essential travel; for more details, see Part Two of these updates.
·
Also in March, the
US Department of State issued a Level 4 (“Do Not Travel”) advisory for all
international travel. This advises US citizens
not to travel at all internationally, and if they’re outside the US, they
should arrange for immediate return back home, unless they are prepared to
remain abroad for an indefinite period.
For more specific information on this
subject, please review the information and links below:
March 17, 2020
On March 17, 2020, DHS
issued an updated Fact Sheet for notice of travel restrictions as
a result of COVID-19. The U.K. and Ireland have been added to the list of
countries with travel restrictions into the United States. Additionally, the
list of designated airports where Americans will be allowed to fly into,
effective 11:59 pm (ET), March 13, 2020, now include Boston-Logan International
Airport (BOS), Massachusetts and Miami International Airport (MIA), Florida.
All persons not affected by the travel restrictions, arriving from
travel-restricted countries into designated airports, are being requested to
self-quarantine for 14 days upon arrival to their final destinations.
March 12, 2020
President Trump has issued
three proclamations in recent weeks suspending the entry into the United
States, as immigrants or nonimmigrants, of individuals who were physically
present within the Schengen Area, the Islamic Republic of Iran, and the
People’s Republic of China during the 14-day period preceding their entry or
attempted entry into the United States, subject to certain exceptions. This
practice alert outlines the scope of each of these proclamations. AILA members
can read the full text of these proclamations on AILA’s Featured Issue
Page: https://www.aila.org/advo-media/issues/all/covid-19
Schengen Area
On March 11, President
Trump issued a proclamation, effective 11:59 pm (ET), March 13, 2020,
that with some exemptions, suspends and limits the entry
into the United States, as immigrants or nonimmigrants, of individuals who were
physically present within the Schengen Area during the 14-day period preceding
their entry or attempted entry into the United States. The proclamation will
remain in effect until terminated by the President.
During an address to the nation on Wednesday night from the Oval
Office, President Trump stated that this suspension will remain in place for at
least 30 days in an effort to stop the spread of the coronavirus. It has since
been reported by some media outlets that the President has indicated that it is
possible that the suspension could extend beyond, or end before, the 30 days.
For purposes of this proclamation, the Schengen Area comprises 26 European
states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France,
Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia,
Spain, Sweden, and Switzerland.
The suspension and
limitation on entry of this proclamation does not apply to:
·
persons aboard a flight scheduled to arrive in the United Sates
that departed prior to 11:59 pm (EST) on March 13, 2020;
·
any lawful permanent resident (LPR) of the United States;
·
any alien who is the spouse of a U.S. citizen or LPR;
·
any alien who is the parent or legal guardian of a U.S. citizen or
LPR, provided that the U.S. citizen or LPR is unmarried and under the age of 21;
·
any alien who is the sibling of a U.S. citizen or LPR, provided
that both are unmarried and under the age of 21;
·
any alien who is the child, foster child, or ward of a U.S.
citizen or LPR, or who is a prospective adoptee seeking to enter the United States
pursuant to the IR-4 or IH-4 visa classifications;
·
any alien traveling at the invitation of the U.S. Government for a
purpose related to containment or mitigation of the virus;
·
any alien traveling pursuant to a C-1, D, or C-1/D nonimmigrant
visa as a crewmember or any alien otherwise traveling to the U.S. as air or sea
crew;
·
any alien (A) seeking entry into or transiting the U.S. pursuant
to one of the following visas: A-1, A2, C-2, C-3 (as a foreign government
official or immediate family member of an official), E-1 (as an employee of
TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4,
NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one
of those NATO categories); or (B) whose travel falls within the scope of
section 11 of the United Nations Headquarters Agreement;
·
any alien whose entry would not pose a significant risk of
introducing, transmitting, or spreading the virus, as determined by the
Secretary of Health and Human Services, through the CDC Director or his
designee;
·
any alien whose entry would further important U.S. law enforcement
objectives, as determined by the Secretary of State, Secretary of Homeland
Security, or their respective designees, based on a recommendation of the
Attorney General or his designee;
·
any alien whose entry would be in the national interest, as
determined by the Secretary of State, Secretary of Homeland Security, or their
designees; or
·
members of the U.S. Armed Forces and spouses and children of
members of the U.S. Armed Forces.
Please note that two other presidential proclamations restricting
travel to the United States based on concerns regarding the transmission of the
2019 Novel Coronavirus remain in effect:
Islamic Republic of Iran
On February 29, President
Trump issued Proclamation 9992 suspending and limiting the
entry of all individuals who were physically present within the Islamic
Republic of Iran during the 14-day period preceding their entry or attempted
entry into the United States, subject to certain exceptions.This
proclamation is in effect as of Monday, March 2.
This proclamation does not apply to U.S. citizens or lawful
permanent residents of the United States. Foreign diplomats traveling to the
United States on A or G visas are excepted from this proclamation. Other
exceptions include certain family members of U.S. citizens or lawful permanent
residents, including spouses, children (under the age of 21), parents (provided
that the U.S. citizen or lawful permanent resident is unmarried and under the
age of 21), and siblings (provided that both the sibling and the U.S. citizen
or lawful permanent resident are unmarried and under the age of 21). There is
also an exception for crew traveling to the United States on C, D or C1/D
visas.
People’s Republic of China
On January 31, 2020,
President Trump issued Proclamation 9984 suspending and limiting the
entry of all individuals who were physically present in the People’s Republic
of China, excluding the Special Administrative Regions of Hong Kong and Macau,
during the 14-day period preceding their entry or attempted entry into the
United States, subject to certain exceptions.The
proclamation is in effect as of Sunday, February 2.
This proclamation does not apply to U.S. citizens or lawful
permanent residents of the United States. Foreign diplomats traveling to the
United States on A or G visas are excepted from this proclamation. Other
exceptions include certain family members of U.S. citizens or lawful permanent
residents, including spouses, children (under the age of 21), parents (provided
that the U.S. citizen or lawful permanent resident is unmarried and under the
age of 21), and siblings (provided that both the sibling and the U.S. citizen
or lawful permanent resident are unmarried and under the age of 21). There is
also an exception for crew traveling to the United States on C, D or C1/D visas.
For more information about
the Presidential Proclamation impacting travel from the People’s Republic of
China, please see Practice Alert: Coronavirus Impact on Individuals Seeking Entry
into the United States After Travel in China and on U.S. Consular Processing in
China.
Designated U.S. Airports to
Receive Flights with Recent Travelers to China or Iran
Per instructions issued by
DHS for inbound flights with individuals who have been in China and Iran, the Department
of Homeland Security, in coordination with the Transportation Security
Administration, Center for Disease Control, and airlines, has directed all such
flights to the United States to eleven airports, where health protocols have
been implemented to account for treatment and handling of individuals who might
have contracted the virus. Those returning from the Schengen nations may also
be routed to these 11 airports. These airports include:
·
John F. Kennedy International Airport (JFK) in New York
·
Chicago O’Hare International Airport (ORD) in Illinois
·
San Francisco International Airport (SFO) in California
·
Seattle-Tacoma International Airport (SEA) in Washington
·
Daniel K Inouye International Airport (HNL) in Hawaii,
·
Hartsfield-Jackson Atlanta International Airport (ATL) in Georgia
·
Newark Liberty International Airport (EWR) in New Jersey
·
Dallas/Fort Worth International Airport (DFW) in Texas
·
Detroit Metropolitan Airport (DTW) in Michigan
·
Los Angeles International Airport (LAX) in California, and
·
Washington-Dulles International Airport (IAD) in Virginia
