Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Specific Supplemental People Who Pose a Chance of Transmitting Coronavirus Disorder

The Federal Authorities will have to act quickly and aggressively to combat coronavirus disease 2019 (COVID-19).  The nationwide unexpected emergency induced by the COVID-19 outbreak in the United States proceeds to pose a grave danger to our wellbeing and stability.  As of January 20, 2021, the United States had knowledgeable more than 24 million verified COVID-19 instances and more than 400,000 COVID-19 deaths.  It is the plan of my Administration to implement science-based public wellbeing steps, across all areas of the Federal Govt, to prevent even further distribute of the disorder.
The Centers for Illness Management and Avoidance (CDC), inside of the Division of Wellbeing and Human Services, operating in close coordination with the Department of Homeland Stability, has established that the Republic of South Africa is experiencing prevalent, ongoing man or woman-to-particular person transmission of SARS-CoV-2, the virus that results in COVID-19, together with a variant strain of the virus known as B.1.351.  The Environment Wellbeing Business has reported that the Republic of South Africa has above 1,400,000 confirmed situations of COVID-19.  Another variant strain, known as B.1.1.7, is extensively circulating and has been traced to the United Kingdom.  Additionally, a third variant pressure, which is identified as B.1.1.28.1 and might influence the likely for re-infection, has been determined in Brazil.  Centered on developments with regard to the variants and the continued spread of the condition, CDC has reexamined its policies on international vacation and, immediately after reviewing the public wellbeing situations inside the Schengen Place, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Eire, the Federative Republic of Brazil, and the Republic of South Africa, has concluded that ongoing and further actions are needed to defend the general public health from tourists getting into the United States from individuals jurisdictions.
In my Govt Order of January 21, 2021, entitled “Promoting COVID-19 Security in Domestic and Global Journey,” I directed the Secretary of Wellness and Human Solutions, such as through the Director of CDC, and in coordination with the Secretary of Transportation (together with by way of the Administrator of the Federal Aviation Administration) and the Secretary of Homeland Stability (including by the Administrator of the Transportation Safety Administration), to further analyze specific current general public health safeguards for international vacation and consider further suitable regulatory action, to the extent possible and constant with CDC rules and applicable regulation.
Even though that overview continues, and supplied the willpower of CDC, operating in shut coordination with the Department of Homeland Stability, explained above, I have established that it is in the passions of the United States to get motion to limit and suspend the entry into the United States, as immigrants or nonimmigrants, of noncitizens of the United States (“noncitizens”) who were bodily present in the Schengen Place, the United Kingdom (excluding abroad territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa for the duration of the 14-day period preceding their entry or tried entry into the United States.
NOW, As a result, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of The us, which include sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and area 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of individuals explained in segment 1 of this proclamation would, apart from as presented for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be matter to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:
Section 1.  Suspension and Limitation on Entry.  (a)  The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were bodily present in just the Schengen Location, the United Kingdom (excluding overseas territories outdoors of Europe), the Republic of Ireland, and the Federative Republic of Brazil during the 14-working day period of time previous their entry or attempted entry into the United States, is hereby suspended and confined topic to area 2 of this proclamation.
(b)  The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were being physically present within just the Republic of South Africa during the 14-working day interval previous their entry or tried entry into the United States, is hereby suspended and confined topic to portion 2 of this proclamation.
Sec. 2.  Scope of Suspension and Limitation on Entry. 
(a)  Portion 1 of this proclamation shall not apply to:
(i)     any lawful permanent resident of the United States
(ii)    any noncitizen nationwide of the United States
(iii)   any noncitizen who is the spouse of a U.S. citizen or lawful everlasting resident
(iv)    any noncitizen who is the father or mother or legal guardian of a U.S. citizen or lawful everlasting resident, delivered that the U.S. citizen or lawful long-lasting resident is single and beneath the age of 21
(v)     any noncitizen who is the sibling of a U.S. citizen or lawful long-lasting resident, furnished that both equally are unmarried and beneath the age of 21
(vi)    any noncitizen who is the baby, foster youngster, or ward of a U.S. citizen or lawful lasting resident, or who is a prospective adoptee in search of to enter the United States pursuant to the IR-4 or IH-4 visa classifications
(vii)   any noncitizen touring at the invitation of the United States Governing administration for a purpose associated to containment or mitigation of the virus
(viii)  any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen in any other case traveling to the United States as air or sea crew
(ix)    any noncitizen
(A)  looking for entry into or transiting the United States pursuant to a single of the subsequent visas:  A-1, A-2, C-2, C-3 (as a overseas federal government formal or instant loved ones member of an formal), E-1 (as an worker of TECRO or TECO or the employee’s speedy family members), G-1, G-2, G-3, G-4, NATO-1 via NATO-4, or NATO-6 (or searching for to enter as a nonimmigrant in one of individuals NATO groups) or
(B)  whose journey falls in the scope of section 11 of the United Nations Headquarters Arrangement
(x)     any noncitizen who is a member of the U.S. Armed Forces and any noncitizen who is a husband or wife or child of a member of the U.S. Armed Forces
(xi)    any noncitizen whose entry would further more critical United States legislation enforcement aims, as identified by the Secretary of Condition, the Secretary of Homeland Protection, or their respective designees, centered on a suggestion of the Lawyer Basic or his designee or
(xii)   any noncitizen whose entry would be in the countrywide interest, as identified by the Secretary of State, the Secretary of Homeland Safety, or their designees.
     (b)  Practically nothing in this proclamation shall be construed to influence any individual’s eligibility for asylum, withholding of elimination, or security less than the rules issued pursuant to the laws implementing the Conference In opposition to Torture and Other Cruel, Inhuman or Degrading Cure or Punishment, constant with the laws and polices of the United States.
     Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of Condition shall implement this proclamation as it applies to visas pursuant to these kinds of treatments as the Secretary of Point out, in consultation with the Secretary of Homeland Security, could establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of noncitizens pursuant to these treatments as the Secretary of Homeland Security, in consultation with the Secretary of Condition, may establish.
     (b)  The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Safety shall assure that any noncitizen matter to this proclamation does not board an plane traveling to the United States, to the extent permitted by legislation.
     (c)  The Secretary of Homeland Security may well build specifications and strategies to make sure the application of this proclamation at and involving all United States ports of entry.
     (d)  Exactly where a noncitizen circumvents the software of this proclamation as a result of fraud, willful misrepresentation of a content truth, or unlawful entry, the Secretary of Homeland Security shall take into consideration prioritizing this kind of noncitizen for elimination.
Sec. 4.  Termination.  This proclamation shall remain in result right up until terminated by the President.  The Secretary of Wellness and Human Services shall, as situations warrant and no more than 30 days right after the date of this proclamation and by the last working day of each calendar month thereafter, propose no matter whether the President must proceed, modify, or terminate this proclamation.
Sec. 5.  Amendment.  Part 5 of Proclamation 9984 of January 31, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Individuals Who Pose a Chance of Transmitting 2019 Novel Coronavirus and Other Suitable Measures To Deal with This Risk), and area 5 of Proclamation 9992 of February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants of Sure Added People Who Pose a Possibility of Transmitting 2019 Novel Coronavirus), are each and every amended to examine as follows: 
“Sec. 5.  Termination.  This proclamation shall remain in effect until finally terminated by the President.  The Secretary of Wellness and Human Providers shall, as circumstances warrant and no much more than 30 days right after the date of the Proclamation of January 25, 2021, entitled “Suspension of Entry as Immigrants and Nonimmigrants of Specified Further Persons Who Pose a Danger of Transmitting Coronavirus Ailment 2019,” and by the closing day of every calendar month thereafter, suggest whether or not the President ought to continue on, modify, or terminate this proclamation.”
     Sec. 6.  Effective Dates.  (a)  The suspension and limitation on entry set forth in segment 1(a) of this proclamation is successful at 12:01 a.m. eastern common time on January 26, 2021.  The suspension and limitation on entry set forth in section 1(a) of this proclamation does not use to persons aboard a flight scheduled to get there in the United States that departed prior to 12:01 a.m. eastern normal time on January 26, 2021.
     (b)  The suspension and limitation on entry established forth in part 1(b) of this proclamation is effective at 12:01 a.m. jap typical time on January 30, 2021.  The suspension and limitation on entry set forth in part 1(b) of this proclamation does not implement to individuals aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. jap normal time on January 30, 2021. 
     Sec. 7.  Severability.  It is the coverage of the United States to enforce this proclamation to the optimum extent possible to progress the nationwide stability, general public basic safety, and overseas policy passions of the United States.  Appropriately:
     (a)  if any provision of this proclamation, or the software of any provision to any individual or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other individuals or situation shall not be afflicted thus and
     (b)  if any provision of this proclamation, or the application of any provision to any human being or circumstance, is held to be invalid simply because of the absence of certain procedural requirements, the relevant govt branch officers shall implement those procedural needs to conform with present regulation and with any relevant court orders.
     Sec. 8.  General Provisions.  (a)  Very little in this proclamation shall be construed to impair or if not have an affect on:
(i)   the authority granted by legislation to an govt section or agency, or the head thereof or
(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
     (b)  This proclamation shall be applied dependable with applicable regulation and subject to the availability of appropriations.
     (c)  This proclamation is not intended to, and does not, make any right or gain, substantive or procedural, enforceable at legislation or in fairness by any social gathering from the United States, its departments, organizations, or entities, its officers, workers, or brokers, or any other individual.
     IN WITNESS WHEREOF, I have hereunto established my hand this 20-fifth working day of January, in the calendar year of our Lord two thousand twenty-a single, and of the Independence of the United States of America the two hundred and forty-fifth.
 
                             JOSEPH R. BIDEN JR.