Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019

CourtExecutive Office Of The President
Citation86 FR 68385
Record Number2021-26253
Publication Date01 December 2021
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
                

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