Proof 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.

COVID-19 Travel Restrictions to Continue

After speaking with a White House official, David Shepardson of Reuters reports that “[t]he United States will not lift any existing travel restrictions ‘at this point’ due to concerns over the highly transmissible COVID-19 Delta variant and the rising number of U.S. coronavirus cases.” According to Mr. Shepardson’s source in the White House, the decision came after a senior level White House meeting on Friday, the 23rd of July.

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Department of State Expands Validity Period of National Interest Exceptions for Certain Travelers

On July 6th, the Department of State announced it was expanding the validity period and number of uses of the national interest exceptions (NIEs) granted to individuals traveling from countries affected by the current COVID-19 travel restrictions. Previously the NIEs were valid for one trip within 30 days of being granted. The new announcement permits multiple entries within the 12 months after the NIE is granted. The expansion is effective immediately.

The change in policy affects NIEs issued to those present in the following countries within 14 days of trying to enter the United States: Brazil, China, India, Iran, South Africa, the Schengen Area, the United Kingdom, and Ireland.

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Biden Administration to Restrict Travel from India Effective May 4, 2021

On April 30, 2021, President Biden issued a Presidential Proclamation which imposes COVID-19-related travel restrictions on certain individuals traveling into the US from India effective Tuesday, May 4, 2021, in an effort to prevent the further spread of COVID-19. The proclamation restricts and suspends the entry into the US of nonimmigrants and noncitizens of the US who were physically present within India during the fourteen-day period preceding their entry or attempted entry into the United States.

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President Biden Reinforces the UK and European Travel Restrictions (and Adds South Africa)

On January 25, 2021, President Joseph Biden issued a proclamation to reinstate the Brazil, United Kingdom, Ireland, and Schengen Area travel restrictions that were set to be rescinded on January 26, 2021. Additionally, President Biden added South Africa as a country from which travel to the US is restricted because of the COVID-19 variant in that country, while Iran (Proclamation 9992) and China (Proclamation 9984) remain from previous proclamations.

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President Biden Signs "Proclamation on Ending Discriminatory Bans on Entry to The United States" to Revoke Trump's Muslim Travel Ban

On Wednesday, January 20, 2021, his first day in office, President Biden signed a “Proclamation on Ending Discriminatory Bans on Entry to The United States” to revoke what has been commonly referred to as the Muslim travel ban, which restricted entry into the United States from primarily Muslim and African countries. Former President Trump had faced numerous legal challenges in enacting his Muslim travel ban but the third version of the ban was upheld by the Supreme court in June 2018.

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CBP/TSA End Airport COVID-19 Health Screenings for International Arrivals (Travel Restrictions Remain in Effect)

US Customs and Border Protection (CBP) and the Transportation Security Administration (TSA) published a notice in the Federal Register stating that effective September 14, 2020, flights carrying passengers who were recently present in China (excluding the Special Administrative Regions of Hong Kong and Macau), Iran, the twenty-six countries of the Schengen Area, the United Kingdom, Ireland, and Brazil will no longer be required to land at one of fifteen designated airports in order for passengers to undergo COVID-19 health screenings. This notice only relates to the cancellation of health screenings at designated US airports but does not lift or change the country-specific COVID-19 travel restrictions (which were issued January 31, 2020, February 29, 2020, March 11, 2020, March 14, 2020, and May 24, 2020) for the countries listed above, the immigrant visa travel ban (Presidential Proclamation 10014) or the nonimmigrant visa travel ban (Presidential Proclamation 10052). The American Immigration Lawyers Association (AILA) CBP Liaison Committee confirmed with CBP that the travel restrictions remain in place and those affected by the restrictions will still be required to obtain a National Interest Exemption (NIE) to travel to the US.

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President Trump Issues Travel Restrictions for Foreign Nationals from Schengen Area and UK and Ireland

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.

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