As of May 12, 2023, international air travelers will no longer be required to show proof of COVID-19 vaccination to enter the US by air. The Biden Administration will also end the vaccine requirements for Federal employees and Federal contractors, on the same day which coincides with the end of the public health emergency. The vaccine requirements have been in place since November 2021 when the US government lifted the travel bans instituted at the height of the COVID-19 pandemic to help ease the spread of the COVID-19 virus. The Biden Administration is ending the international air travel COVID vaccine requirement “at the end of the day” on May 11, 2023.
Read moreCBP Stampless Entry and Electronic I-94s
In an effort to increase efficiency and streamline the admissions process, US Customs and Border Protection (“CBP”) has simplified entry into the United States by instituting an automated I-94 process for most nonimmigrants arriving by air and sea. What began as a pilot program in certain ports of entry in April 2022, has become standard procedure across all US ports of entry.
Read moreBiden Administration Takes Steps to Maintain STEM Talent in the US
In an effort “to attract global talent to strengthen our economy and technological competitiveness, and benefit working people and communities all across the country”, the Department of Homeland Security (“DHS”) has significantly revised and broadened its policy affecting F-1 students who have earned a qualifying US degree in the fields of science, technology, engineering, and mathematics (“STEM”).
Read moreProof of COVID-19 Vaccination Required for All Foreign Travelers at US Land Borders
Effective January 22, 2022, U.S. Customs and Border Protection (“CBP”) will require non-US citizens traveling across the land border for both essential and non-essential reasons to be fully vaccinated. The recent announcement confirms, “[t]hese new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.”
All foreign national travelers, whether traveling for non-essential or essential reasons, must attest to their vaccination status and to present proof of vaccination to CBP officers upon request. To be considered fully vaccinated, fourteen days must have passed since the traveler’s final shot of their vaccine. CBP follows the Centers for Disease Control and Prevention’s (“CDC”) protocols regarding acceptable “proof of vaccination, including which vaccines are permissible.”
Pre-arrival COVID-19 testing is not required for entry via a land port of entry or ferry terminal.
Croatia Has Been Added to the Visa Waiver Program
In a September 28, 2021 press release, Secretary of Homeland Security Alejandro N. Mayorkas, in coordination with Secretary of State Antony J. Blinken announced that Croatia will be added as a new participant in the Visa Waiver Program beginning no later than December 1, 2021. Croatia will be the 40th country to be part of the B-1/B-2 Visa Waiver Program (“VWP”), and nationals of Croatia will be able to apply for visa-free visitor travel through the Electronic System for Travel Authorization (“ESTA”).
Read moreMother Jones: "Trump Gets Rid of His Most Effective Immigration Enforcer"
Lee Francis Cissna resigned as the director of the US Citizenship & Immigration Services (USCIS) effective June 1, 2019, after President Trump asked him to step down. President Trump’s removal of Cissna has confused anti-immigration hardliners, since during Cissna’s tenure at the agency he has led efforts to make legal immigration more difficult.
Read moreInconsistent Government Action
The New York Times: “$10 Million from FEMA Diverted to Pay for Immigration Detention Centers, Document Shows”
The Department of Homeland Security (DHS) reallocated funds for use by the Federal Emergency Management Agency (FEMA) for hurricanes and natural disaster relief to Immigration and Customs Enforcement (ICE) in order to pay for additional detention centers and removal operations, according to a document released by Senator Jeff Merkley of Oregon last week. Merkley released the thirty-nine-page document to The Washington Post as Hurricane Florence approached the East Coast. The document notes a transfer of funds, originally meant for efforts including “Preparedness and Protection” and “Response and Recovery,” that was transferred to ICE for detention beds, transportation, and removal programs. “At the start of hurricane season – when American citizens in Puerto Rico and the U.S. Virgin Islands are still suffering from FEMA’s inadequate recovery efforts – the administration transferred millions of dollars away from FEMA. And for what? To implement their profoundly misguided ‘zero-tolerance’ policy,” Merkley says.
Read moreWar on Immigrants and Refugees
USCIS Updates Notice to Appear Policy Guidance to Support DHS Enforcement Priorities
US Citizenship & Immigration Services (USCIS) issued updated guidance that changes when individuals can be put in removal proceedings. The updated guidance aligns USCIS policy for issuing Form I-862, Notice to Appear—a document given to foreign nationals that instructs them to appear before an immigration judge on a specific date and commences removal proceedings against them—with the immigration enforcement priorities of the Department of Homeland Security (DHS).
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