Breaking Down the NEW White House Proclamation Rescinding the COVID-19 Geographic Travel Bans Effective Nov. 8

Happy Monday! Welcome back to Visalawyerblog. We start the week with the highly anticipated White House release of “Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic,” which rescinds the various COVID-19 related geographic travel bans previously in place for travelers from certain geographic regions with high rates of COVID-19, for those who have been fully vaccinated for Coronavirus at 12:01 a.m. eastern standard time on November 8, 2021. The Proclamation also carves out numerous exceptions for those found “exempt” from the vaccination requirement.

Highlights of the New Proclamation

President Biden has released this new proclamation and moved away from the country-by-country restrictions that previously applied during the pandemic in favor of an air travel policy that relies on vaccination to advance the safe resumption of international air travel to the United States.

Who does this new Proclamation apply to?

The new proclamation applies to the entry into the United States of all noncitizen nonimmigrants (noncitizens who are visiting the United States or otherwise being admitted temporarily) traveling to the United States by air.

The proclamation suspends the entry of unvaccinated noncitizen nonimmigrants, except in limited circumstances, –the exemptions to the vaccine requirement– and it ensures that the entry of unvaccinated noncitizen nonimmigrants is consistent with applicable health and safety determinations made by the Director of the CDC, including a requirement that, where appropriate, such individuals agree and arrange to become fully vaccinated against COVID-19 upon their arrival.

When does the Proclamation become effective?

This proclamation is effective at 12:01 a.m. eastern standard time on November 8, 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 8, 2021.

What does the Proclamation Say?

Proclamation Rescinds Travel Restrictions for Fully Vaccinated

Section 1. of the Presidential Proclamation entitled, “Revocation of Country-Specific Suspensions and Limitations on Entry,” immediately revokes the following geographic related COVID-19 travel bans, but only for those fully vaccinated against COVID-19 and those who are exempted from the vaccination requirement:

China Visa Ban – Proclamation 9984 issued January 31, 2020
Iran Visa Ban –Proclamation 9992 issued February 29, 2020
South Africa, European Schengen Area Visa Ban, UK, Ireland, and Brazil—Proclamation 10143 issued January 25, 2021 (President Biden)
India Visa Ban –Proclamation 10199 issued April 30, 2021

Proclamation Recognizes Exception to Vaccination Requirement and Provides Guidelines For Those Allowed Entry Despite Non-Vaccination

Section 2. (a) of the Proclamation entitled, “Global Suspension and Limitation on Entry of Certain Individuals Who Are Not Fully Vaccinated Against COVID-19,” continues the suspension of entry into the United States by air of noncitizens who are nonimmigrants and who are not fully vaccinated against COVID-19, with few exceptions provided in section 3 of this proclamation– the exemptions to the vaccine requirement.

This suspension and limitation on entry applies only to air travelers to the United States and does not affect visa issuance.

Guidelines for Non-vaccinated Allowed Entry Based on Exceptions to Vaccination Requirement

Section 2. (b) provides that any noncitizen who is a nonimmigrant, who is not fully vaccinated against COVID-19, and who, notwithstanding section 2(a) of the proclamation, is permitted to enter the United States by air travel pursuant to section 3(b) of this proclamation—in other words who is admitted based on a clear exception to the vaccination requirement—must agree to comply with applicable public health precautions established by the Director of the CDC to protect against the public health risk posed by travelers entering into the United States.

Such individuals must take precautions that may be related to vaccination, testing, mask-wearing, self-quarantine, and self-isolation, as determined by the Director of the CDC, and may include requirements that individuals:

provide proof of pre-departure testing for COVID-19, as determined by the Director of the CDC
take precautions during air travel to protect against the further introduction, transmission, and spread of COVID-19, including by wearing a face mask, as determined by the Director of the CDC;
provide proof of having arranged for post-arrival testing for COVID-19, as determined by the Director of the CDC; and
provide proof of having arranged to self-quarantine or self-isolate after arriving in the United States, as determined by the Director of the CDC.

Section (c) outlines clear guidelines for those who are allowed entry based on a clear exception to the vaccination requirement

Any noncitizen who is a nonimmigrant, who is not fully vaccinated against COVID-19, and who, notwithstanding section 2(a) of this proclamation, is permitted to enter the United States by air travel pursuant to section 3(b) of this proclamation—in other words anyone who is granted entry based on a clear exception to the vaccination requirement—must agree to become fully vaccinated against COVID-19 within 60 days of arriving in the United States, within some other timeframe as determined by the Director of the CDC, or as soon as medically appropriate as determined by the Director of the CDC, and must provide proof of having arranged to become fully vaccinated against COVID-19 after arriving in the United States, unless any of the following apply:

the noncitizen’s intended stay is sufficiently brief, as determined by the Director of the CDC;
the noncitizen is one for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC;
the noncitizen has participated or is participating in certain clinical trials for COVID-19 vaccination, as determined by the Director of the CDC;
COVID-19 vaccination is medically contraindicated for the noncitizen, as determined by the Director of the CDC;
the noncitizen is described in section 3(b)(i) or 3(b)(ii) of this proclamation and has previously received a COVID-19 vaccine that is authorized or approved by the noncitizen’s country of nationality, as determined by the Director of the CDC, in consultation with the Secretary of State; or
the Director of the CDC otherwise determines that COVID-19 vaccination is not warranted for the noncitizen.

Finally, Section 3. Of the Proclamation defines the Categories of Travelers Exempted from the Vaccine Requirement

Section 3(a) of the proclamation makes clear that the suspension and limitations on entry in section 2 of the proclamation do not apply to any noncitizen seeking entry as a crew member of an airline or other aircraft operator, provided such crew member or operator adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health issued by the CDC or by the Federal Aviation Administration in coordination with the CDC.

Most importantly, section 3(b) outlines the categories of travelers who are exempted from the vaccination requirement (to whom the suspension and limitation on air travel does not apply) as follows:

any noncitizen seeking entry into or transiting the United States pursuant to one of the following nonimmigrant visa classifications: 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 classifications);
any noncitizen whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who is traveling pursuant to United States legal obligation (as evidenced by a letter of invitation from the United Nations or other documentation showing the purpose of such travel);
any noncitizen for whom, given their age, requiring vaccination would be inappropriate, as determined by the Director of the CDC, taking into account global vaccine availability for individuals in that age group;
any noncitizen who has participated or is participating in certain clinical trials for COVID-19 vaccination, as determined by the Director of the CDC;
any noncitizen for whom accepted COVID-19 vaccination is medically contraindicated, as determined by the Director of the CDC;
any noncitizen who has been granted an exception by the Director of the CDC for humanitarian or emergency reasons, as determined by the Director of the CDC;
any noncitizen who is a citizen of a foreign country where the availability of COVID-19 vaccination is limited, as identified pursuant to section 4(a)(v) of this proclamation, and who seeks to enter the United States pursuant to a nonimmigrant visa, except for a B-1 or B-2 visa;
any noncitizen who is a member of the United States Armed Forces or who is a spouse or child of a member of the United States Armed Forces;
any noncitizen seeking entry as a sea crew member traveling pursuant to a C-1 and D nonimmigrant visa, if such crew member adheres to all industry standard protocols for the prevention of COVID-19, as set forth in relevant guidance for crew member health by the CDC; or
any noncitizen or group of noncitizens whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Transportation, the Secretary of Homeland Security, or their designees.

When does this Proclamation terminate?

This proclamation will remain in effect until terminated by the President. The Secretary of Health and Human Services must, as circumstances warrant and no more than 60 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.

How will the government enforce this Proclamation?

The proclamation will be enforced by the Secretary of Health and Human Services, through the Director of the CDC and these agencies will be responsible for:

defining and specifying accepted COVID-19 vaccines or combinations of accepted COVID-19 vaccines, and medical contraindications to accepted COVID-19 vaccines or combinations of accepted COVID-19 vaccines, for purposes of this proclamation;
defining whether an individual is fully vaccinated against COVID-19, and specifying acceptable methods of proving that an individual is fully vaccinated against COVID-19, for purposes of this proclamation;
specifying acceptable methods of proving that an individual has arranged to comply with applicable public health requirements and protocols to protect against the further introduction, transmission, and spread of COVID-19 into and throughout the United States, including pre-departure testing, post-arrival testing, post-arrival self-quarantine or self-isolation, and post-arrival vaccination against COVID-19, for purposes of this proclamation;
maintaining a list of countries where the availability of COVID-19 vaccination is limited, with such countries defined as those where less than 10 percent of the country’s total population has been fully vaccinated with any available COVID-19 vaccine or are otherwise determined by the Director of the CDC to qualify as countries where the availability of COVID-19 vaccination is limited; and
orders the Secretary of Transportation and the Secretary of Homeland Security to take steps to ensure that airlines do not permit noncitizens barred from entry pursuant to this proclamation to board an aircraft traveling to the United States, to the extent permitted by law among other compliance measures.

To read the complete Proclamation please click here.

Questions? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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