Biden Administration Reinstates COVID-19 Vacation Restrictions for Europe and Brazil, Provides Limitations for South Africa | Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On January 25, 2021, President Joseph R. Biden Jr. issued a proclamation reinstating COVID-19 entry limits for tourists from Brazil, the United Kingdom, Eire, and the 26 nations around the world that comprise the Schengen Region of Europe. The proclamation also adds South Africa to the listing of international locations subject matter to travel limits. Pursuant to the proclamation, international countrywide vacationers who had been bodily present in any of the higher than nations inside of 14 days of vacation to the United States will be barred entry, until suitable for an exception.

The Biden administration applied the new limitations, citing the U.S. Centers for Sickness Control and Prevention (CDC) review of the general public health situations in impacted countries as properly as discovery of new variant strains of the virus traced to the United Kingdom, Brazil, and South Africa. The administration also restated its commitment “to put into action science-primarily based general public wellness measures, across all regions of the Federal Governing administration, to avoid more spread of the illness.”

Track record

The nation-distinct vacation constraints for Europe and Brazil were being in the beginning applied below the Trump administration by way of a series of presidential proclamations, which include Proclamation 9993 (limiting journey from the Schengen Place), Proclamation 9996 (restricting vacation from the United Kingdom and Eire), and Proclamation 10041 (proscribing vacation from Brazil). On January 18, 2021, in his closing days in office environment, President Trump rescinded the higher than proclamations with the constraints scheduled to be lifted on January 26, 2021. President Biden’s January 25, 2021, proclamation reinstates the vacation constraints devoid of interruption.


The travel limits on Brazil, the United Kingdom, Eire, and the Schengen Place went into impact on January 26, 2021, at 12:01 a.m. EST. The journey restriction on South Africa requires influence January 30, 2021, at 12:01 a.m. EST. The vacation limitations do not apply to tourists from South Africa aboard flights that depart prior to 12:01 a.m. EST on January 30, 2021. The limitations will be reviewed each and every 30 days and “remain in result until finally terminated by the President.”

Exceptions to the Travel Limitations

The proclamation does not implement to:

  • U.S. citizens
  • lawful long lasting people of the United States
  • noncitizen spouses of U.S. citizens or lawful long term citizens
  • noncitizen mom and dad or lawful guardians of unmarried U.S. citizens or lawful permanent citizens beneath the age of 21
  • noncitizen siblings of U.S. citizens or lawful permanent residents if “both are single and under the age of 21”
  • noncitizen little ones, foster small children, or wards of U.S. citizens or lawful long lasting people, or prospective adoptees “seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications”
  • noncitizens “traveling at the invitation of the United States Govt for a purpose linked to containment or mitigation of the virus”
  • noncitizens “traveling as … nonimmigrant[s] pursuant to a C-1, D, or C-1/D nonimmigrant visa”
  • noncitizens in search of entry “pursuant to a single of the next visas: A-1, A-2, C-2, C-3, … E-1 (as an staff of [the Taipei Economic and Cultural Representative Office] or [the Taipei Economic and Cultural Office] or the employee’s fast relatives associates), G-1, G-2, G-3, G-4, NATO-1 by means of NATO-4, or NATO-6”
  • noncitizens “whose travel falls in the scope of area 11 of the United Nations Headquarters Agreement”
  • noncitizen customers of the U.S. Armed Forces and their spouses or little ones who are also noncitizens
  • noncitizens “whose entry would further crucial United States law enforcement aims, as determined by the Secretary of Condition, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Legal professional General or his designee” or
  • noncitizens “whose entry would be in the nationwide desire, as determined by the Secretary of State, the Secretary of Homeland Safety, or their designees.”