Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus
| Published date | 28 May 2020 |
| Citation | 85 FR 31933 |
| Record Number | 2020-11616 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 103 (Thursday, May 28, 2020)
[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Presidential Documents]
[Pages 31933-31936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11616]
Presidential Documents
Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 31933]]
Proclamation 10041 of May 24, 2020
Suspension of Entry as Immigrants and
Nonimmigrants of Certain Additional Persons Who Pose a
Risk of Transmitting 2019 Novel Coronavirus
By the President of the United States of America
A Proclamation
In Proclamation 9994 of March 13, 2020 (Declaring a
National Emergency Concerning the Novel Coronavirus
Disease (COVID-19) Outbreak), I declared a national
emergency recognizing the threat that the novel (new)
coronavirus known as SARS-CoV-2 poses to our Nation's
healthcare systems. It is the policy of the United
States to respond to the ongoing, unprecedented
outbreak of COVID-19 (the disease caused by SARS-CoV-2)
with every tool and resource available to the United
States Government. Consistent with this policy, I have
suspended and limited the entry of aliens recently
present in certain foreign jurisdictions where
significant COVID-19 outbreaks have occurred. These
jurisdictions include the People's Republic of China
(excluding the Special Administrative Regions of Hong
Kong and Macau), the Islamic Republic of Iran, the
Schengen Area, the United Kingdom (excluding overseas
territories outside of Europe), and the Republic of
Ireland.
The Centers for Disease Control and Prevention (CDC), a
component of the Department of Health and Human
Services, working in close coordination with the
Department of Homeland Security, has determined that
the Federative Republic of Brazil is experiencing
widespread, ongoing person-to-person transmission of
SARS-CoV-2. As of May 23, 2020, the World Health
Organization reported that the Federative Republic of
Brazil had 310,087 confirmed cases of COVID-19, which
is the third highest number of confirmed cases in the
world.
The potential for undetected transmission of the virus
by infected individuals seeking to enter the United
States from the Federative Republic of Brazil threatens
the security of our transportation system and
infrastructure and the national security, and I have
determined that it is in the interests of the United
States to take action to restrict and suspend the entry
into the United States, as immigrants or nonimmigrants,
of all aliens who were physically present within the
Federative Republic of Brazil during the 14-day period
preceding their entry or attempted entry into the
United States. The free flow of commerce between the
United States and the Federative Republic of Brazil
remains an economic priority for the United States, and
I remain committed to facilitating trade between our
nations.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the
United States, by the authority vested in me by the
Constitution and the laws of the United States of
America, including sections 212(f) and 215(a) of the
Immigration and Nationality Act, 8 U.S.C. 1182(f) and
1185(a), and section 301 of title 3, United States
Code, hereby find that the unrestricted entry into the
United States of persons described in section 1 of this
proclamation would, except as provided for in section 2
of this proclamation, be detrimental to the interests
of the United States, and that their entry should be
subject to certain restrictions, limitations, and
exceptions. I therefore hereby proclaim the following:
[[Page 31934]]
Section 1. Suspension and Limitation on Entry. The
entry into the United States, as immigrants or
nonimmigrants, of all aliens who were physically
present within the Federative Republic of Brazil during
the 14-day period preceding their entry or attempted
entry into the United States is hereby suspended and
limited subject to section 2 of this proclamation.
Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply
to:
(i) any lawful permanent resident of the United States;
(ii) any alien who is the spouse of a U.S. citizen or lawful permanent
resident;
(iii) any alien who is the parent or legal guardian of a U.S. citizen or
lawful permanent resident, provided that the U.S. citizen or lawful
permanent resident is unmarried and under the age of 21;
(iv) any alien who is the sibling of a U.S. citizen or lawful permanent
resident, provided that both are unmarried and under the age of 21;
(v) any alien who is the child, foster child, or ward of a U.S. citizen or
lawful permanent resident, or who is a prospective adoptee seeking to enter
the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi) any alien traveling at the invitation of the United States Government
for a purpose related to containment or mitigation of the virus;
(vii) any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D
nonimmigrant visa as a crewmember or any alien otherwise traveling to the
United States as air or sea crew;
(viii) any alien
(A) seeking entry into or transiting the United States pursuant to one of
the following visas: A-1, A-2, 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;
(ix) any alien who is a member of the U.S. Armed Forces and any alien who
is a spouse or child of a member of the U.S. Armed Forces;
(x) 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;
(xi) any alien whose entry would further important United States law
enforcement objectives, as determined by the Secretary of State, the
Secretary of Homeland Security, or their respective designees, based on a
recommendation of the Attorney General or his designee; or
(xii) any alien whose entry would be in the national interest, as
determined by the Secretary of State, the Secretary of Homeland Security,
or their designees.
(b) Nothing in this proclamation shall be construed
to affect any individual's eligibility for asylum,
withholding of removal, or protection under the
regulations issued pursuant to the legislation
implementing the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment,
consistent with the laws and regulations of the United
States.
[[Page 31935]]
Sec. 3. Implementation and Enforcement. (a) The
Secretary of State shall implement this proclamation as
it applies to visas pursuant to such procedures as the
Secretary of State, in consultation with the Secretary
of Homeland Security, may establish. The Secretary of
Homeland Security shall implement this proclamation as
it applies to the entry of aliens pursuant to such
procedures as the Secretary of Homeland Security, in
consultation with the Secretary of State, may
establish.
(b) Consistent with applicable law, the Secretary
of State, the Secretary of Transportation, and the
Secretary of Homeland Security shall ensure that any
alien subject to this proclamation does not board an
aircraft traveling to the United States.
(c) The Secretary of Homeland Security may
establish standards and procedures to ensure the
application of this proclamation at and between all
United States ports of entry.
(d) An alien who circumvents the application of
this proclamation through fraud, willful
misrepresentation of a material fact, or illegal entry
shall be a priority for removal by the Department of
Homeland Security.
Sec. 4. Termination. This proclamation shall remain in
effect until terminated by the President. The Secretary
of Health and Human Services shall recommend that the
President continue, modify, or terminate this
proclamation as described in section 5 of Proclamation
9984, as amended.
Sec. 5. Effective Date. This proclamation is effective
at 11:59 p.m. eastern daylight time on May 28, 2020.
This proclamation does not apply to persons aboard a
flight scheduled to arrive in the United States that
departed prior to 11:59 p.m. eastern daylight time on
May 28, 2020.
Sec. 6. Severability. It is the policy of the United
States to enforce this proclamation to the maximum
extent possible to advance the national security,
public safety, and foreign policy interests of the
United States. Accordingly:
(a) if any provision of this proclamation, or the
application of any provision to any person or
circumstance, is held to be invalid, the remainder of
this proclamation and the application of its provisions
to any other persons or circumstances shall not be
affected thereby; and
(b) if any provision of this proclamation, or the
application of any provision to any person or
circumstance, is held to be invalid because of the lack
of certain procedural requirements, the relevant
executive branch officials shall implement those
procedural requirements to conform with existing law
and with any applicable court orders.
Sec. 7. General Provisions. (a) Nothing in this
proclamation shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This proclamation shall be implemented
consistent with applicable law and subject to the
availability of appropriations.
(c) This proclamation is not intended to, and does
not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by any
party against the United States, its departments,
agencies, or entities, its officers, employees, or
agents, or any other person.
[[Page 31936]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-fourth day of May, in the year of our Lord two
thousand twenty, and of the Independence of the United
States of America the two hundred and forty-fourth.
(Presidential Sig.)
[FR Doc. 2020-11616
Filed 5-27-20; 8:45 am]
Billing code 3295-F0-P
