Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico
| Citation | 85 FR 16547 |
| Record Number | 2020-06253 |
| Published date | 24 March 2020 |
| Section | Rules and Regulations |
| Court | U.s. Customs And Border Protection |
Federal Register, Volume 85 Issue 57 (Tuesday, March 24, 2020)
[Federal Register Volume 85, Number 57 (Tuesday, March 24, 2020)]
[Rules and Regulations]
[Pages 16547-16548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06253]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel Restrictions Applicable to Land
Ports of Entry and Ferries Service Between the United States and Mexico
AGENCY: Office of the Secretary, U.S. Department of Homeland Security;
U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Notification of temporary travel restrictions.
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SUMMARY: This document announces the decision of the Secretary of
Homeland Security to temporarily limit the travel of individuals from
Mexico into the United States at land ports of entry along the United
States-Mexico border to ``essential travel'' as further defined in this
document.
DATES: These restrictions go into effect at 11:59 p.m. Eastern Daylight
Time (EDT) on March 20, 2020 and will remain in effect until 11:59 p.m.
EDT on April 20, 2020.
FOR FURTHER INFORMATION CONTACT: Alyce Modesto, Office of Field
Operations, U.S. Customs and Border Protection (CBP) at 202-344-3788.
SUPPLEMENTARY INFORMATION:
Background
Coronavirus Disease 2019 (COVID-19), a communicable disease caused
by a new (novel) coronavirus named SARS-CoV-2, is a respiratory disease
that can cause fever, cough, and difficulty breathing, with reported
illnesses ranging from mildly symptomatic to severe illness and death.
Although the virus that causes COVID-19 was originally detected in
China, it has resulted in a pandemic with cases in 158 countries,
including in the United States and Mexico. On January 30, 2020, the
Director-General of the World Health Organization declared the outbreak
a ``public health emergency of international concern'' under the
International Health Regulations (2005).\1\ On January 31, 2020, the
Secretary of the Department of Health and Human Services declared a
nationwide ``public health emergency'' under section 319 of the Public
Health Service Act, 42 U.S.C. 274d, as a result of confirmed cases of
COVID-19.\2\ On March 11, 2020, the World Health Organization announced
that the COVID-19 outbreak can be characterized as a pandemic. On March
13, 2020, the President determined that the ongoing COVID-19 pandemic
is of sufficient severity and magnitude to warrant an emergency
determination under section 501(b) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207. In addition,
on March 13, 2020, the President declared a national emergency under
sections 201 and 301 of the National Emergencies Act, 50 U.S.C. 1601 et
seq.\3\ The Mexican Ministry of Education has closed all schools from
March 20 until April 20, and between March 23 and April 19, the Mexican
government has implemented a domestic social-distancing campaign to
minimize the spread of the virus that causes COVID-19.
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\1\ Statement on the second meeting of the International Health
Regulations (2005) Emergency Committee regarding the outbreak of
novel coronavirus (2019-nCoV) (Jan. 30, 2020), available at https://www.who.int/news-room/detail/30-01-2020-statement-on-the-second-meeting-of-the-international-health-regulations-(2005)-emergency-
committee-regarding-the-outbreak-of-novel-coronavirus-(2019-ncov).
\2\ HHS, ``Determination that a Public Health Emergency
Exists,'' https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx.
\3\ Proclamation 9994 of Mar. 13, 2020 on Declaring a National
Emergency Concerning the Novel Coronavirus Disease (COVID-19)
Outbreak, 85 FR 15337 (Mar. 18, 2020).
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Notice of Action
Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, I have determined that the
risk of continued transmission and spread of COVID-19 between the
United States and Mexico poses a ``specific threat to human life or
national interests.''
U.S. and Mexican officials have mutually determined that non-
essential travel between the United States and Mexico poses additional
risk of transmission and spread of COVID-19 and places the populace of
both nations at increased risk of contracting COVID-19. Moreover, given
the sustained human-to-human transmission of the virus, maintaining the
current level of travel between the two nations places the personnel
staffing land ports of entry between the United States and Mexico, as
well as the individuals traveling through these ports of entry, at
increased risk of exposure to COVID-19. Accordingly, and consistent
with the authority granted in 19 U.S.C. 1318(b)(1)(C) and (b)(2),\4\ I
have determined that land ports of entry along the U.S.-Mexican border
will suspend normal operations and process for entry only those
travelers engaged in ``essential travel,'' defined below, for entry
into the United States. Given the definition of ``essential travel''
below,
[[Page 16548]]
this temporary alteration in land ports of entry operations should not
interrupt legitimate trade between the two nations or disrupt critical
supply chains that ensure food, fuel, medicine, and other critical
materials reach individuals on both sides of the border.
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\4\ 19 U.S.C. 1318(b)(1)(C) provides that ``[n]otwithstanding
any other provision of law, the Secretary of the Treasury, when
necessary to respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific
threat to human life or national interests,'' is authorized to
``take any . . . action that may be necessary to respond directly to
the national emergency or specific threat.'' On March 1, 2003,
certain functions of the Secretary of the Treasury were transferred
to the Secretary of Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ``related to Customs revenue
functions'' were reserved to the Secretary of the Treasury. To the
extent that any authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated to the
Secretary of Homeland Security. See Treas. Dep't Order No. 100-16
(May 15, 2003), 68 FR 28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ``[n]otwithstanding any other provision of
law, the Commissioner of U.S. Customs and Border Protection, when
necessary to respond to a specific threat to human life or national
interests, is authorized to close temporarily any Customs office or
port of entry or take any other lesser action that may be necessary
to respond to the specific threat.'' Congress has vested in the
Secretary of Homeland Security the ``functions of all officers,
employees, and organizational units of the Department,'' including
the Commissioner of CBP. 6 U.S.C. 112(a)(3).
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For purposes of the temporary alteration in certain designated
ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and
(b)(2), travel through the land ports of entry and ferry terminals
along the United States-Mexico border shall be limited to ``essential
travel,'' which includes, but is not limited to--
U.S. citizens and lawful permanent residents returning to
the United States;
Individuals traveling for medical purposes (e.g., to
receive medical treatment in the United States);
Individuals traveling to attend educational institutions;
Individuals traveling to work in the United States (e.g.,
individuals working in the farming or agriculture industry who must
travel between the United States and Mexico in furtherance of such
work);
Individuals traveling for emergency response and public
health purposes (e.g., government officials or emergency responders
entering the United States to support Federal, state, local, tribal, or
territorial government efforts to respond to COVID-19 or other
emergencies);
Individuals engaged in lawful cross-border trade (e.g.,
truck drivers supporting the movement of cargo between the United
States and Mexico);
Individuals engaged in official government travel or
diplomatic travel;
Members of the U.S. Armed Forces, and the spouses and
children of members of the U.S. Armed Forces, returning to the United
States; and
Individuals engaged in military-related travel or
operations.
The following travel does not fall within the definition of
``essential travel'' for purposes of this Notification--
Individuals traveling for tourism purposes (e.g.,
sightseeing, recreation, gambling, or attending cultural events).
At this time, this Notification does not apply to air, freight
rail, or sea travel between the United States and Mexico, but does
apply to passenger rail and ferry travel between the United States and
Mexico. These restrictions are temporary in nature and shall remain in
effect until 11:59 p.m. EDT on April 20, 2020. This Notification may be
amended or rescinded prior to that time, based on circumstances
associated with the specific threat.
The Commissioner of U.S. Customs and Border Protection (CBP) is
hereby directed to prepare and distribute appropriate guidance to CBP
personnel on implementation of the temporary measures set forth in this
Notification. The CBP Commissioner may determine that other forms of
travel, such as travel in furtherance of economic stability or social
order, constitute ``essential travel'' under this Notification.
Further, the CBP Commissioner may, on an individualized basis and for
humanitarian reasons or for other purposes in the national interest,
permit the processing of travelers to the United States not engaged in
``essential travel.''
The Acting Secretary of Homeland Security, Chad F. Wolf, having
reviewed and approved this document, is delegating the authority to
electronically sign this document to Chad Mizelle, who is the Acting
General Counsel for DHS, for purposes of publication in the Federal
Register.
Chad R. Mizelle,
Acting General Counsel, U.S. Department of Homeland Security.
[FR Doc. 2020-06253 Filed 3-20-20; 2:30 pm]
BILLING CODE 9112-FP-P
