AILA's Featured Issues pages provide a one-stop shop on current immigration-related issues that AILA is actively tracking. This includes government actions and resources, AILA's policy recommendations, and materials and talking points to engage with Congress and the press.Start Your Research
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 21012390 | Dated January 23, 2021
On January 21, 2021, President Biden issued the Executive Order on Promoting COVID-19 Safety in Domestic and International Travel, with Section 5(b)(i) of the EO requiring:
The Secretary of HHS, including through the Director of CDC, and in coordination with the Secretary of Transportation (including through the Administrator of the FAA) and the Secretary of Homeland Security (including through the Administrator of the TSA), shall, within 14 days of the date of this order, assess the CDC order of January 12, 2021, regarding the requirement of a negative COVID-19 test result for airline passengers traveling into the United States, in light of subsection (a) of this section. Based on such assessment, the Secretary of HHS and the Secretary of Homeland Security shall take any further appropriate regulatory action, to the extent feasible and consistent with CDC guidelines and applicable law.
HHS is to assess the January 12, 2020, CDC order by February 3, 2021; however, this may or may not result in an immediate change to current travel restrictions. Future “appropriate regulatory action” may include additional or other types of negative COVID-19 tests and a quarantine requirement upon arrival, amongst others.
In the meantime, the PP 10014 and 10052 (IV and NIV bans), as well as the country specific COVID-19 related travel bans remain in place. It is unclear if the Biden administration will lift the restrictions, despite a January 18, 2021, proclamation (PP 10138) issued by President Trump terminating COVID/health-related travel restrictions on entry of certain travelers from the Schengen area, U.K., Ireland, and Brazil and leaving the restrictions active for China and Iran. As of January 22, 2021, CBP has confirmed it had not received guidance on the travel bans being lifted for intending travelers from the Schengen area, U.K., Ireland and Brazil. If no further action is taken by the Biden administration, PP 10138 will be effective on January 26, 2021. However, in a January 18, 2021 tweet, Press Secretary Jen Psaki indicated that the Biden Administration does not intend to lift the restrictions on January 26, 2021 and plans to strengthen public health measures around international travel.
While it is still unclear what actions the Biden administration will take on these travel restrictions, for now if your client is subject to one of those travel restrictions, they will continue to require a National Interest Exception (NIE). AILA will continue to monitor this issue and provide updates. For more information on actions taken or planned by the Biden Administration during the first 100 days, please see AILA’s Featured Issue page.
Cite as AILA Doc. No. 21012390.
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-2021
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.