Proclamation on
Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional
Persons Who Pose a Risk of Transmitting Novel Coronavirus
IMMIGRATION
Issued on:
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:
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.
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.
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.
DONALD J. TRUMP
Source:
https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-novel-coronavirus/?fbclid=IwAR2rxTAN3haSsRq2aypNPdcAE5O4wQGuGd5kqN1bVQDrieH57BiShY1Szcc
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