A proclamation suspending entry as immigrants and non-immigrants of certain additional people at risk for the transmission of coronavirus disease 2019
The national emergency caused by the 2019 coronavirus disease (COVID-19) outbreak in the United States continues to pose a serious threat to our health and safety. As of November 2021, there were more than 47 million confirmed COVID-19 in the United States. Cases and more than 773,000 COVID-19 deaths. It is my government’s policy to implement science-based public health measures across all areas of federal government to act quickly and aggressively to prevent the disease from spreading further.
On November 24, 2021, the Republic of South Africa informed the World Health Organization (WHO) about a new variant B.1.1.529 (Omicron) of SARS-CoV-2, the virus that causes COVID-19 that has been detected in this country. On November 26, 2021, the WHO Technical Advisory Group on the development of the SARS-CoV-2 virus announced that B.1.1.529 was a worrying variant. While new information is still emerging, the profile of B.1.1.529 includes several mutations across the SARS-CoV-2 genome, some of which are worrying. According to the WHO, preliminary findings indicate an increased risk of reinfection with this variant compared to other worrying variants. In addition, the WHO reports that the number of cases of this variant appears to be increasing in almost all provinces of the Republic of South Africa. Based on these developments, and given the extensive cross-border transit and proximity in southern Africa, the discovery of B.1.1.529 cases in some southern African countries, and the lack of widespread genome sequencing in southern Africa, the United States government, including the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, has reviewed its guidelines for international travel and has concluded that further measures are needed to protect public health from travelers, those entering the United States from the United States Republic of Botswana, Kingdom of Eswatini, Kingdom of Lesotho, Republic of Malawi, Republic of Mozambique, Republic of Namibia, Republic of South Africa and Republic of Zimbabwe. In addition to these travel restrictions, the CDC will take other mitigation measures, if necessary, for travelers departing from the countries listed above and traveling to the United States.
Given the recommendation of the CDC, working in close coordination with the Department of Homeland Security described above, I have determined that it is in the interests of the United States to take action to suspend and restrict entry into the United States as an immigrant and Nonimmigrants of non-citizens of the United States (“Non-Citizens”) who physically reside in the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic Zimbabwe for the 14 day period prior to entering or attempting to enter the United States.
NOW THEREFORE I, JOSEPH R. BIDEN JR., President of the United States, by the authority given to me by the Constitution and laws of the United States of America, including Sections 212 (f) and 215 (a) of Immigration and Nationality Act, 8 USC 1182 (f) and 1185 (a) and Section 301 of Title 3, United States Code, hereby state that unrestricted entry into the United States of persons described in Section 1 of this proclamation, except as in Section 2 of this proclamation provided that it would be detrimental to the interests of the United States and that its entry should be subject to certain restrictions, restrictions and exceptions. I hereby announce the following:
Section 1. Suspension and restriction of entry. Entering the United States as immigrants or non-immigrants by non-nationals residing in the Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa and the Republic of Zimbabwe the 14-day period prior to entry or attempted entry into the United States are hereby suspended and restricted subject to Section 2 of this proclamation.
Sec. 2. Extent of suspension and restriction of entry.
(a) Section 1 of this proclamation does not apply to:
(i) all lawful permanent residents of the United States;
(ii) any non-citizen of the United States;
(iii) non-citizens who are spouses of a US citizen or legal permanent resident;
(iv) any non-citizen who is the parent or legal guardian of a US citizen or legal permanent resident, provided that the US citizen or legal permanent resident is unmarried and under the age of 21;
(v) any non-citizen who is the sibling of a US citizen or legal permanent resident, provided both are unmarried and under the age of 21;
(vi) any non-citizen who is the child, foster child, or ward of a US citizen, legal permanent resident, or a prospective adoptive adopter wishing to enter the United States under visa class IR-4 or IH-4;
(vii) any non-citizen traveling at the invitation of the United States Government for any purpose related to virus containment or containment;
(viii) non-nationals traveling as a crew member as non-immigrants under a C-1, D, or C-1 / D nonimmigrant visa or non-nationals traveling to the United States otherwise as air or sea personnel;
(ix) all non-citizens
(A) Applying to enter or transit the United States under one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E. -1 (as employees of TECRO or TECO or immediate family members of the employee), G-1, G-2, G-3, G-4, NATO-1 to NATO-4 or NATO-6 (or as a non-immigrant to one of these Enter NATO categories); or
(B) whose travel falls within the scope of Section 11 of the United Nations Headquarters Agreement;
(x) Non-Citizens who are US Forces service members or spouses or children of a US Armed Forces service member;
(xi) any non-citizen whose entry would promote important law enforcement objectives of the United States as determined by the Secretary of State, Secretary of Homeland Security, or their respective appointees based on a recommendation by the Attorney General or his appointee; or
(xii) any non-nationals or groups of non-nationals whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Homeland Security or their agents.
(b) Nothing in this Proclamation shall be construed as imposing a right to asylum, refusal of deportation or protection under the provisions established under the law implementing the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment have been compromised, in accordance with the laws and regulations of the United States.
Sec. 3. Implementation and enforcement. (a) The Secretary of State shall implement this Proclamation in relation to Visas in accordance with procedures which the Secretary of State may determine in consultation with the Secretary of Homeland Security. The Secretary of Homeland Security shall implement this proclamation in relation to the entry of non-nationals in accordance with procedures which the Secretary of Homeland Security may determine in consultation with the Secretary of State.
(b) The Secretary of State, the Secretary of Transportation and the Secretary of Homeland Security will endeavor to ensure that non-nationals subject to this Proclamation do not board any aircraft traveling to the United States to the extent permitted by law.
(c) The Secretary of Homeland Security may establish standards and procedures to ensure the application of this Proclamation at and between all ports of entry in the United States.
(d) If a non-national circumvents the application of this proclamation through fraud, willful misrepresentation of a factual fact, or illegal entry, the Secretary of Homeland Security shall consider giving such non-national priority for deportation.
Sec. 4. Relationship to other suspensions, restrictions, or entry restrictions. Persons described in Section 2 of this proclamation may still be subject to entry suspension, restriction or restriction in accordance with Proclamation 10294 of October 25, 2021 (Promoting the Safe Resumption of Global Travel During the COVID-â 19 Pandemic). Nothing in this proclamation is intended to be construed as affecting any other suspension, restriction, or restriction of entry.
Sec. 5. Termination. This proclamation will remain in effect until terminated by the President. The Secretary for Health and Human Services recommends, when circumstances warrant and no later than 30 days from the date of this proclamation and by the last day of each subsequent calendar month, whether the President should continue, amend, or terminate this proclamation.
Sec. 6. Effective Date. This proclamation is effective on November 29, 2021 at 12:01 a.m. Eastern Standard Time. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed before 12:01 a.m. Eastern Standard Time on November 29th. 2021.
Sec. 7. Severability clause. It is United States policy to enforce this proclamation as much as possible in order to advance the national security, public safety, and foreign policy interests of the United States. Should any provision of this proclamation or the application of any provision to any person or circumstance be declared void, the remainder of this proclamation and the application of its provisions to any other person or circumstance will not be affected.
Sec. 8. General provisions. (a) Nothing in this proclamation shall be construed as affecting or otherwise affecting:
(i) the authority granted by law to a managerial department or agency, or the heads thereof; or
(ii) the functions of the Director of the Office of Administration and Budget in relation to budget, administrative or legislative proposals.
(b) This proclamation will be implemented in accordance with applicable law and subject to the availability of funds.
(c) This proclamation is not intended and does not create any material or procedural right or advantage enforceable by law or in equity by any party against the United States, its departments, agencies or corporations, its officers, employees, agents or otherwise Persons.
IN WITNESS WHEREOF I laid my hand on this twenty-sixth of November, in the year of our Lord two thousand twenty-one and the independence of the United States of America on the two hundred and forty-sixth.
JOSEPH R. BIDEN JR.