COVID-19 Journey Restrictions for Europe Brazil and South Africa

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Saturday, January 30, 2021

On January 25, 2021, President Joseph R. Biden Jr. issued a proclamation reinstating COVID-19 entry restrictions for vacationers from Brazil, the UK, Eire, and the 26 nations that comprise the Schengen Space of Europe. The proclamation additionally provides South Africa to the checklist of nations topic to journey restrictions. Pursuant to the proclamation, international nationwide vacationers who have been bodily current in any of the above nations inside 14 days of journey to the US will likely be barred entry, except eligible for an exception.

The Biden administration carried out the brand new restrictions, citing the U.S. Facilities for Illness Management and Prevention (CDC) overview of the general public well being conditions in impacted nations in addition to discovery of recent variant strains of the virus traced to the UK, Brazil, and South Africa. The administration additionally restated its dedication “to implement science-based public well being measures, throughout all areas of the Federal Authorities, to forestall additional unfold of the illness.”

Background

The country-specific journey restrictions for Europe and Brazil have been initially carried out below the Trump administration by a collection of presidential proclamations, together with Proclamation 9993 (proscribing journey from the Schengen Space), Proclamation 9996 (proscribing journey from the UK and Eire), and Proclamation 10041 (proscribing journey from Brazil). On January 18, 2021, in his last days in workplace, President Trump rescinded the above proclamations with the restrictions scheduled to be lifted on January 26, 2021. President Biden’s January 25, 2021, proclamation reinstates the journey restrictions with out interruption.

Particulars

The journey restrictions on Brazil, the UK, Eire, and the Schengen Space went into impact on January 26, 2021, at 12:01 a.m. EST. The journey restriction on South Africa takes impact January 30, 2021, at 12:01 a.m. EST. The journey restrictions don’t apply to vacationers from South Africa aboard flights that depart previous to 12:01 a.m. EST on January 30, 2021. The restrictions will likely be reviewed each 30 days and “stay in impact till terminated by the President.”

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Exceptions to the Journey Restrictions

The proclamation doesn’t apply to:

U.S. residents;

lawful everlasting residents of the US;

noncitizen spouses of U.S. residents or lawful everlasting residents;

noncitizen mother and father or authorized guardians of single U.S. residents or lawful everlasting residents below the age of 21;

noncitizen siblings of U.S. residents or lawful everlasting residents if “each are single and below the age of 21”;

noncitizen kids, foster kids, or wards of U.S. residents or lawful everlasting residents, or potential adoptees “in search of to enter the US pursuant to the IR-Four or IH-Four visa classifications”;

noncitizens “touring on the invitation of the US Authorities for a goal associated to containment or mitigation of the virus”;

noncitizens “touring as … nonimmigrant[s] pursuant to a C-1, D, or C-1/D nonimmigrant visa”;

noncitizens in search of entry “pursuant to one of many following visas: A-1, A-2, C-2, C-Three, … E-1 (as an worker of [the Taipei Economic and Cultural Representative Office] or [the Taipei Economic and Cultural Office] or the worker’s fast members of the family), G-1, G-2, G-Three, G-Four, NATO-1 by NATO-Four, or NATO-6”;

noncitizens “whose journey falls inside the scope of part 11 of the United Nations Headquarters Settlement”;

noncitizen members of the U.S. Armed Forces and their spouses or kids who’re additionally noncitizens;

noncitizens “whose entry would additional essential United States legislation enforcement goals, as decided by the Secretary of State, the Secretary of Homeland Safety, or their respective designees, primarily based on a suggestion of the Lawyer Normal or his designee”; or

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noncitizens “whose entry could be within the nationwide curiosity, as decided by the Secretary of State, the Secretary of Homeland Safety, or their designees.”


© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.
Nationwide Regulation Evaluation, Quantity XI, Quantity 30

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