Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019
| Published date | 06 May 2021 |
| Citation | 86 FR 24297 |
| Record Number | 2021-09711 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 86 Issue 86 (Thursday, May 6, 2021)
[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Presidential Documents]
[Pages 24297-24300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09711] Presidential Documents
Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 24297]]
Proclamation 10199 of April 30, 2021
Suspension of Entry as Nonimmigrants of Certain
Additional Persons Who Pose a Risk of Transmitting
Coronavirus Disease 2019
By the President of the United States of America
A Proclamation
The national emergency caused by the coronavirus
disease 2019 (COVID-19) outbreak in the United States
continues to pose a grave threat to our health and
security. As of April 29, 2021, the United States had
experienced more than 32 million confirmed COVID-19
cases and more than 570,000 COVID-19 deaths. It is the
policy of my Administration to implement science-based
public health measures, across all areas of the Federal
Government, to act swiftly and aggressively to prevent
further spread of the disease.
The Centers for Disease Control and Prevention (CDC),
within the Department of Health and Human Services,
working in close coordination with the Department of
Homeland Security, has determined that the Republic of
India is experiencing widespread, ongoing person-to-
person transmission of SARS-CoV-2, the virus that
causes COVID-19. The World Health Organization has
reported that the Republic of India has had more than
18,375,000 confirmed cases of COVID-19. The magnitude
and scope of the COVID-19 pandemic in the Republic of
India is surging; the Republic of India accounts for
over one-third of new global cases, and the number of
new cases in the Republic of India is accelerating at a
rapid rate. There have been more than 300,000 average
new daily cases in the Republic of India over the past
week. A variant strain of the virus, known as B.1.617,
is also circulating in the Republic of India, along
with other variant strains, including B.1.1.7, first
detected in the United Kingdom, and B.1.351, first
detected in the Republic of South Africa. The CDC
advises, based on work by public health and scientific
experts, that these variants have characteristics of
concern, which may make them more easily transmitted
and have the potential for reduced protection afforded
by some vaccines.
After reviewing the public health situation within the
Republic of India, CDC has concluded that proactive
measures are required to protect the Nation's public
health from travelers entering the United States from
that jurisdiction.
Given the determination of CDC, working in close
coordination with the Department of Homeland Security,
described above, 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 nonimmigrants, of noncitizens of the United States
(``noncitizens'') who were physically present within
the Republic of India during the 14-day period
preceding their entry or attempted entry into the
United States.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., 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
[[Page 24298]]
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:
Section 1. Suspension and Limitation on Entry. The
entry into the United States, as nonimmigrants, of
noncitizens who were physically present within the
Republic of India 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 noncitizen national of the United States;
(iii) any noncitizen who is the spouse of a U.S. citizen or lawful
permanent resident;
(iv) any noncitizen 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;
(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent
resident, provided that both are unmarried and under the age of 21;
(vi) any noncitizen 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;
(vii) any noncitizen traveling at the invitation of the United States
Government for a purpose related to containment or mitigation of the virus;
(viii) any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or
C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise
traveling to the United States as air or sea crew;
(ix) any noncitizen
(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;
(x) any noncitizen who is a member of the U.S. Armed Forces or who is a
spouse or child of a member of the U.S. Armed Forces;
(xi) any noncitizen 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 noncitizen 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 24299]]
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 noncitizens pursuant to such
procedures as the Secretary of Homeland Security, in
consultation with the Secretary of State, may
establish.
(b) The Secretary of State, the Secretary of
Transportation, and the Secretary of Homeland Security
shall endeavor to ensure that any noncitizen subject to
this proclamation does not board an aircraft traveling
to the United States, to the extent permitted by law.
(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) Where a noncitizen circumvents the application
of this proclamation through fraud, willful
misrepresentation of a material fact, or illegal entry,
the Secretary of Homeland Security shall consider
prioritizing such noncitizen for removal.
Sec. 4. Termination. This proclamation shall remain in
effect until terminated by the President. The Secretary
of Health and Human Services shall, as circumstances
warrant and no more than 30 days after the date of this
proclamation and by the final day of each calendar
month thereafter, recommend whether the President
should continue, modify, or terminate this
proclamation.
Sec. 5. Effective Date. This proclamation is effective
at 12:01 a.m. eastern daylight time on May 4, 2021.
This proclamation does not apply to persons aboard a
flight scheduled to arrive in the United States that
departed prior to 12:01 a.m. eastern daylight time on
May 4, 2021.
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 24300]]
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of April, in the year of our Lord two
thousand twenty-one, and of the Independence of the
United States of America the two hundred and forty-
fifth.
(Presidential Sig.)
[FR Doc. 2021-09711
Filed 5-5-21; 8:45 am]
Billing code 3295-F1-P
