While overt travel bans like those we saw during the first Trump Administration (Trump 1.0) have not yet been implemented, we anticipate they could be introduced in the coming months. However, even prior to any actual bans, travel will continue to carry some inherent risk, which might be heightened based on one’s individual circumstances. The increased risk stems largely from the significant restrictions and increased scrutiny that travelers will be subject to at U.S. consulates and ports of entry based on the President’s directives requiring enhanced vetting and screening of all noncitizens seeking entry to the United States across agencies including the United States Citizenship and Immigration Service (USCIS), Customs and Border Protection (CBP), and the Department of State (DOS).
Read MoreBiden Administration Announces New COVID-19 Travel Ban for Several African Countries In Response to Omicron Variant
President Biden issued a Proclamation that took effect at 12:01 am EST on November 29th, 2021 banning the entry of foreign nationals who have been physically present in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe within 14 days of travel to the United States, unless they qualify for an exception or exemption.
Read MoreOverview of Biden Administration's New Vaccine Requirements
On October 25, 2021, the White House issued a new Presidential Proclamation announcing that the country-specific travel bans which have been in place since the Spring of 2020 would be rescinded effective November 8th, 2021. The bans will instead be replaced by new vaccine and testing requirements for international travelers coming to the United States. The Center for Disease Control (CDC) and Department of State subsequently released updated guidance and FAQs outlining the specifics of the new travel requirements, the details of which are summarized below.
Read MoreNovember 8, 2021 Announced as End Date for COVID-19 Travel Bans for Vaccinated Travelers
White House assistant press secretary, Kevin Munoz, has announced via Twitter that November 8, 2021 will mark the end date for the current country-specificCOVID-19 travel restrictions. The White House also confirmed the date applies to both international air travel and land travel.
Read MoreU.S. to Rescind COVID-19 Travel Restrictions for Canada and Mexico
UPDATED: Administration to Lift COVID-19 Travel Bans Starting in November for Vaccinated Travelers
Please note that an earlier version of this post has been updated to reflect additional information provided by the White House since several major news outlets began reporting about the rescission of the COVID-19 travel bans this morning.
Today, the Biden Administration announced that, beginning in early November, it will be easing country-specific COVID-19 travel restrictions. More specifically, the White House will rescind the current geographic COVID-19 related travel bans currently restricting travel to the U.S. for individuals present in China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India in the 14 day preceding their entry to the United States. Instead, the Administration will be implementing new measures to deter the spread of COVID-19 based on individuals, rather than restrictions placed on physical presence in a specific country or region.
The new COVID-19 prevention measures will include a requirement that all international travelers prove that they have been fully vaccinated against COVID-19 in addition to the existing CDC requirement that all travelers to the U.S. must provide proof of a negative COVID-19 test within three days of boarding a flight to the United States. The CDC is expected to provide more information as to which vaccines will be accepted.
The Administration will offer limited exceptions such as for children too young to be vaccinated; individuals participating in COVID-19 vaccine clinical trials; and humanitarian exceptions for people traveling for an important reason and who lack access to vaccination in a timely manner. The Administration has also indicated that individuals who are exempted from the vaccine requirement may be required to be vaccinated upon arrival in the United States.
During the formal announcement expected later today, the Administration is expected to make further recommendations to stop the spread of COVID-19, including (1) continuing the mask mandate through January 18, 2022; (2) expanding pre-departure and post-arrival testing requirements; and (3) implementing a contact tracing order for airlines.
D&S will continue to monitor this developing situation and provide updates as more details become available.
Department of State Introduces More Restrictive NIE Criteria
The Department of State has announced that it has rescinded the National Interest Exception (NIE) criteria under Presidential Proclamation 10143 as related to the Schengen Area, United Kingdom, and Ireland travel bans. The State Department instead, announced a new, more restrictive list of NIE eligibility criteria, focused mainly on individuals providing vital support of critical infrastructure.
Read MoreOverview of Exemption and Exceptions to Trump Administration's Travel Bans
In the Spring and Summer of 2020, President Trump issued a series Executive Proclamations restricting the entry of certain individuals to the United States. This first set of proclamations, issued between February and March of 2020 banned the entry of anyone who had been in a country with a high rate of COVID-19 cases within the 14 days preceding their entry to the U.S. These countries include, China, Iran, the Schengen Region of Europe, The United Kingdom, The Republic of Ireland, and Brazil. These Proclamations are generally referred to as the “Public Health Travel Ban”.
Further, on April 22, 2020, President Trump issued a Proclamation preventing certain immigrant visa applicants from obtaining immigrant visas to enter the United States and which called for the review of nonimmigrant programs with a view toward enacting additional restrictions. Subsequently, on June 22, 2020, the President expanded the scope of this Proclamation to certain nonimmigrant visa categories, effectively banning the entry of individuals on H-1B, H-2B, J-1, and L-1 visas, as well as their dependent family members, from entering the U.S. until December 31, 2020. The purported premise for these travel bans was to protect the U.S. labor market during a period of severe economic contraction following the COVID-19 outbreak. The travel ban is generally referred to as the “Labor Market Travel Ban.”
The text of both travel bans listed numerous individuals who were exempted from the temporary travel restrictions, as outlined below:
Read MoreNewest Trump Administration Travel Restrictions to Begin October 18th, 2017
On Sunday, September 24th, 2017, President Trump signed a new Proclamation entitled “Enhancing Vetting Capabilities And Processes For Detecting Attempted Entry Into The United States By Terrorists Or Other Public-Safety Threats” effectively revising his earlier Travel Ban, which expired earlier the same day. The Trump Administration’s prior Travel Ban is currently pending review by the Supreme Court, with oral argument scheduled for October.
Read MoreState Department Extreme Vetting Cables Call for Tougher Screening of Visa Applicants
Between March 10 and March 17, 2017, Secretary of State Rex Tillerson issued four diplomatic cables to U.S. consular posts instructing consular officials to broadly increase scrutiny of visa applicants. The cables provide more specific guidance to consular staff regarding implementing President Trump's "extreme vetting" measures for non-citizens entering the United States.
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