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Practice Alert: Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease

AILA Doc. No. 21012539 | Dated January 25, 2021

On January 25, 2021, President Biden issued a “Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease.” The Proclamation maintains travel restrictions on individuals from the Schengen Area, U.K., Ireland, and Brazil, which were scheduled to be lifted on January 26, 2021, via a January 18, 2021, Proclamation (10138) issued by the Trump administration. It is effective at 12:01 am (ET) on January 26, 2021, for these countries. In addition to those countries listed, previous restrictions implemented by the Trump Administration remain for both China (Proclamation 9984) and Iran (Proclamation 9992). The Proclamation also adds South Africa to the list of countries with restrictions on entry into the U.S. The effective date of the suspension and limitation on entry from South Africa is 12:01 am (ET), January 30, 2021. More information on the suspensions, those to which they apply, and those excepted, can be found here.

The Proclamation will remain in effect until it is terminated, and orders the Secretary of Health and Human Services to provide a recommendation as to whether the Proclamation should be continued, modified, or terminated 30 days from issuance, and by the end of each month thereafter. The Proclamation also orders the Secretary of Health and Human Services to provide a similar recommendation for the China and Iran suspensions within the same initial 30 day window, and by the end of each month thereafter.

In addition, during her press briefing on January 25, 2021, Press Secretary Jen Psaki confirmed that beginning January 26, 2021, all international travelers to the U.S. must provide proof of a negative COVID-19 test to airlines within three days prior to their departure.

AILA will continue to monitor this issue and provide updates as available. For more information on Biden Administration actions in the first 100 days, please see AILA’s Featured Issue Page.

Cite as AILA Doc. No. 21012539.