Beginning today, the CDC is requiring that all air passengers 2 years of age or older (including U.S. citizens and permanent residents) who are arriving to the United States from a foreign country produce proof of a negative COVID-19 test, or documentation of having recovered from COVID-19, prior to boarding their flight. The viral (antigen or NAAT) test must be taken no more than 3 days prior to flight departure, and documentation of the test or recovery from infection must be presented to the airline in order to board the flight. Please note that this order does not exempt passengers from any other travel restrictions in place.  

Although President Trump issued an order to remove the existing COVID-related bans on travelers from the U.K., Ireland, Schengen Area and Brazil as a result of the CDC’s new rule, President Biden yesterday issued a new Executive Order that maintains those restrictions and includes a new restriction for travelers from South Africa which takes effect on January 30, 2021.  

This means that immigrants and nonimmigrants are not allowed to enter the United States if they have been physically present in any of the following countries or regions within the 14 preceding days: Brazil, China, Iran, Ireland, Schengen Area (26 countries), South Africa (beginning January 30), or the United Kingdom. U.S. citizens and permanent residents and their spouses and children (under age 21) are exempt from the bans, as are parents and siblings (under age 21) of unmarried U.S. citizens or permanent residents who are under age 21. 

National Interest Exceptions are available to certain business travelers, investors, treaty traders, academics and students from the Schengen Area, United Kingdom, or Ireland, and may also be granted for humanitarian travel, public health response, and national security. 

President Biden has ended the so-called “Muslim Ban” which President Trump first enacted in 2017, so travelers from affected countries are no longer banned from entry simply due to their country of nationality.  

President Trump’s Proclamations from April and June 2020 suspending entry for certain immigrants and nonimmigrants who were outside the United States without a valid visa stamp at the time the Proclamations took effect remain in place. View our initial June 2020 News Flash for additional information. As with the country-specific travel bans, National Interest Exceptions are available for certain travelers. Customs and Border Protection (CBP) has instructed that travelers seeking National Interest Exceptions should contact the closest U.S. embassy or consulate to inquire about post-specific policies to apply for a National Interest Exception in advance of travel.

Additionally, the U.S.-Canada and U.S.-Mexico borders remain closed to non-essential land travel until at least February 21, 2021.  

Sincerely,

The Attorneys at RSST Law Group