President Donald Trump announced last night that effective Friday, March 13, at midnight, the US government would begin restricting travel for foreign nationals coming to the US from more than two dozen European countries in the Schengen area for thirty days, in an attempt to contain the spread of coronavirus (COVID-19). The thirty-day travel restriction will only apply to foreign nationals who were physically present within the Schengen area during a fourteen-day period preceding entry to the US. The travel restrictions do not apply to American citizens or lawful permanent residents or their spouses or children.
Countries in the Schengen area subject to the travel restrictions include: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. After President Trump’s announcement, European Union leaders issued a statement criticizing the decision. “The coronavirus is a global crisis, not limited to any continent and it requires cooperation rather than unilateral action,” the statement said. “The European Union disapproves of the fact that the US decision to impose a travel ban was taken unilaterally and without consultation.”
The State Department additionally issued a Global Level 3 Health Advisory warning advising US citizens to reconsider “travel abroad due to the global impact of COVID-19.” Department of Homeland Security Acting Secretary Chad F. Wolf noted that the agency would shortly “issue a supplemental Notice of Arrivals Restriction requiring US passengers that have been in the Schengen Area to travel through select airports where the US Government has implemented enhanced screening procedures.”
Those who have questions about whether they can travel to Europe (including countries in the Schengen area), China, South Korea, Japan, Iran, and other countries, and return to the US should consult an experienced immigration lawyer.
UPDATE MARCH 16, 2020:
The Trump administration this weekend issued additional travel restrictions for foreign nationals from the United Kingdom and Ireland effective tonight (March 16, 2020) at midnight. The restrictions apply to foreign nationals who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the fourteen day period preceding their entry or attempted entry into the United States. These restrictions, similar to the ones announced last week for travelers from countries in the Schengen area, do not apply to American citizens or permanent residents.
DHS additionally issued instructions for American citizens and permanent residents returning from China, Iran, and the European countries affected by the travel restrictions. These travelers are only permitted to arrive in the US at one of thirteen airports designated by the DHS, and upon arrival, travelers will undergo enhanced entry screening where they will be asked about their medical history, current condition, and to provide contact information for local health authorities. Passengers will then be given written guidance about COVID-19 and directed to proceed to their final destination, where they must immediately home-quarantine in accordance with CDC best practices.
For foreign nationals in the US whose period of ESTA admission will be expiring and who cannot depart the US, Customs & Border Protection (CBP) should permit Ports of Entry (including deferred inspection locations) to be process requests connected to this. Although these “Satisfactory Departure” requests under 8 CFR 217.3(a) are normally made with USCIS District Directors at local offices, given the current circumstances, CBP Ports of Entry are working on a process to allow individuals to make these requests. Additionally, ESTA holders outside the US are reporting ESTA registration revocations, which are being made so that ESTA travelers outside the US now barred under the COVID-19 travel bans do not attempt to travel to the US. These revocations are being made without prejudice and these travelers will be able to apply for ESTA in the future once travel restrictions are lifted.