Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019
| Published date | 01 December 2021 |
| Citation | 86 FR 68385 |
| Record Number | 2021-26253 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 86 Issue 228 (Wednesday, December 1, 2021)
[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Presidential Documents]
[Pages 68385-68388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26253]
[[Page 68383]]
Vol. 86
Wednesday,
No. 228
December 1, 2021
Part IVThe President-----------------------------------------------------------------------
Proclamation 10315--Suspension of Entry as Immigrants and Nonimmigrants
of Certain Additional Persons Who Pose a Risk of Transmitting
Coronavirus Disease 2019
Presidential Documents
Federal Register / Vol. 86 , No. 228 / Wednesday, December 1, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 68385]]
Proclamation 10315 of November 26, 2021
Suspension of Entry as Immigrants and
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 November 26, 2021, the United States
has experienced more than 47 million confirmed COVID-19
cases and more than 773,000 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.
On November 24, 2021, the Republic of South Africa
informed the World Health Organization (WHO) of a new
B.1.1.529 (Omicron) variant of SARS-CoV-2, the virus
that causes COVID-19, that was detected in that
country. On November 26, 2021, the WHO Technical
Advisory Group on SARS-CoV-2 Virus Evolution announced
that B.1.1.529 constitutes a variant of concern. While
new information is still emerging, the profile of
B.1.1.529 includes multiple mutations across the SARS-
CoV-2 genome, some of which are concerning. According
to the WHO, preliminary evidence suggests an increased
risk of reinfection with this variant, as compared to
other variants of concern. Further, the WHO reports
that the number of cases of this variant appears to be
increasing in almost all provinces in the Republic of
South Africa. Based on these developments, and in light
of the extensive cross-border transit and proximity in
Southern Africa, the detection of B.1.1.529 cases in
some Southern African countries, and the lack of
widespread genomic sequencing in Southern Africa, the
United States Government, including the Centers for
Disease Control and Prevention (CDC), within the
Department of Health and Human Services, has reexamined
its policies on international travel and concluded that
further measures are required to protect the public
health from travelers entering the United States from
the Republic of Botswana, the Kingdom of Eswatini, the
Kingdom of Lesotho, the Republic of Malawi, the
Republic of Mozambique, the Republic of Namibia, the
Republic of South Africa, and the Republic of Zimbabwe.
In addition to these travel restrictions, the CDC shall
implement other mitigation measures for travelers
departing from the countries listed above and destined
for the United States, as needed.
Given the recommendation of the 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
suspend and restrict the entry into the United States,
as immigrants and nonimmigrants, of noncitizens of the
United States (``noncitizens'') who were physically
present within the Republic of Botswana, the Kingdom of
Eswatini, the Kingdom of Lesotho, the Republic of
Malawi, the Republic of Mozambique, the Republic of
Namibia, the Republic of South Africa, and the Republic
of Zimbabwe 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
[[Page 68386]]
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:
Section 1. Suspension and Limitation on Entry. The
entry into the United States, as immigrants or
nonimmigrants, of noncitizens who were physically
present within the Republic of Botswana, the Kingdom of
Eswatini, the Kingdom of Lesotho, the Republic of
Malawi, the Republic of Mozambique, the Republic of
Namibia, the Republic of South Africa, and the Republic
of Zimbabwe 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 or group of noncitizens 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
[[Page 68387]]
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.
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. Relationship to Other Suspensions, Limitations,
or Restrictions on Entry. Individuals described in
section 2 of this proclamation may nevertheless be
subject to an entry suspension, limitation, or
restriction under Proclamation 10294 of October 25,
2021 (Advancing the Safe Resumption of Global Travel
During the COVID-19 Pandemic). Nothing in this
proclamation shall be construed to affect any other
suspension, limitation, or restriction on entry.
Sec. 5. 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. 6. Effective Date. This proclamation is effective
at 12:01 a.m. eastern standard time on November 29,
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
standard time on November 29, 2021.
Sec. 7. 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, 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.
Sec. 8. 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 68388]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-sixth day of November, 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-
sixth.
(Presidential Sig.)
[FR Doc. 2021-26253
Filed 11-30-21; 11:15 am]
Billing code 3395-F2-P
