A Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Particular More Persons Who Pose a Risk of Transmitting Coronavirus Illness 2019

The countrywide unexpected emergency prompted by the coronavirus ailment 2019 (COVID-19) outbreak in the United States carries on to pose a grave risk to our wellbeing and security.  As of November 26, 2021, the United States has expert additional than 47 million verified COVID-19 circumstances and a lot more than 773,000 COVID-19 deaths.  It is the plan of my Administration to implement science-based mostly community well being measures, across all areas of the Federal Governing administration, to act quickly and aggressively to reduce additional distribute of the sickness.

On November 24, 2021, the Republic of South Africa knowledgeable the Planet Health Business (WHO) of a new B.1.1.529 (Omicron) variant of SARS-CoV-2, the virus that leads to COVID-19, that was detected in that state.  On November 26, 2021, the WHO Technological Advisory Team on SARS-CoV-2 Virus Evolution announced that B.1.1.529 constitutes a variant of problem.  Whilst new details is nonetheless emerging, the profile of B.1.1.529 includes numerous mutations throughout the SARS-CoV-2 genome, some of which are concerning.  According to the WHO, preliminary evidence implies an improved chance of reinfection with this variant, as compared to other variants of concern.  Further more, the WHO reports that the quantity of instances of this variant seems to be rising in nearly all provinces in the Republic of South Africa.  Based on these developments, and in light of the comprehensive cross-border transit and proximity in Southern Africa, the detection of B.1.1.529 cases in some Southern African international locations, and the deficiency of common genomic sequencing in Southern Africa, the United States Govt, together with the Centers for Condition Regulate and Avoidance (CDC), in just the Division of Well being and Human Companies, has reexamined its procedures on intercontinental journey and concluded that more measures are necessary to shield the public health from travelers moving into the United States from 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.  In addition to these vacation constraints, the CDC shall apply other mitigation measures for travelers departing from the international locations outlined earlier mentioned and destined for the United States, as necessary.

Offered the suggestion of the CDC, doing the job in near coordination with the Division of Homeland Safety, explained over, I have determined that it is in the passions of the United States to choose motion to suspend and prohibit the entry into the United States, as immigrants and nonimmigrants, of noncitizens of the United States (“noncitizens”) who have been physically existing 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 for the duration of the 14-day period of time previous their entry or attempted entry into the United States.

NOW, For that reason, I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the legislation of the United States of The usa, which includes sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and segment 301 of title 3, United States Code, hereby obtain that the unrestricted entry into the United States of individuals explained in portion 1 of this proclamation would, other than as furnished for in segment 2 of this proclamation, be detrimental to the passions of the United States, and that their entry need to be subject matter to particular limitations, constraints, and exceptions.  I therefore hereby proclaim the following:

     Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within 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 all through the 14-working day time period preceding their entry or attempted entry into the United States is hereby suspended and constrained matter to part 2 of this proclamation.    

     Sec. 2.  Scope of Suspension and Limitation on Entry. 
          (a)  Area 1 of this proclamation shall not implement to:
               (i)     any lawful everlasting resident of the United States
               (ii)    any noncitizen countrywide of the United States
               (iii)   any noncitizen who is the partner of a U.S. citizen or lawful long term resident
               (iv)    any noncitizen who is the parent or lawful guardian of a U.S. citizen or lawful lasting resident, furnished that the U.S. citizen or lawful long term resident is unmarried and beneath the age of 21
               (v)     any noncitizen who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are single and below the age of 21
               (vi)    any noncitizen who is the youngster, foster child, or ward of a U.S. citizen or lawful long term resident, or who is a potential 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 Federal government for a objective similar to containment or mitigation of the virus
               (viii)  any noncitizen touring as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen usually touring to the United States as air or sea crew
               (ix)    any noncitizen
                    (A)  seeking entry into or transiting the United States pursuant to one of the pursuing visas:  A-1, A-2, C-2, C-3 (as a foreign federal government formal or speedy family member of an official), E-1 (as an personnel of TECRO or TECO or the employee’s instant loved ones associates), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or searching for to enter as a nonimmigrant in 1 of people NATO types) or
                    (B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement
               (x)     any noncitizen who is a member of the U.S. Armed Forces or who is a wife or husband or youngster of a member of the U.S. Armed Forces
               (xi)    any noncitizen whose entry would even further significant United States legislation enforcement targets, as identified by the Secretary of Condition, the Secretary of Homeland Security, or their respective designees, centered on a suggestion of the Attorney Common or his designee or
               (xii)   any noncitizen or group of noncitizens whose entry would be in the national desire, as established by the Secretary of Point out, the Secretary of Homeland Protection, or their designees.
          (b)  Nothing in this proclamation shall be construed to influence any individual’s eligibility for asylum, withholding of removing, or safety below the polices issued pursuant to the legislation utilizing the Convention In opposition to Torture and Other Cruel, Inhuman or Degrading Therapy or Punishment, dependable with the rules and restrictions of the United States.

     Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of Point out shall apply this proclamation as it applies to visas pursuant to these methods as the Secretary of State, in session with the Secretary of Homeland Stability, might build.  The Secretary of Homeland Security shall put into action this proclamation as it applies to the entry of noncitizens pursuant to these processes as the Secretary of Homeland Safety, in consultation with the Secretary of Condition, could set up.
          (b)  The Secretary of Condition, the Secretary of Transportation, and the Secretary of Homeland Stability shall endeavor to assure that any noncitizen subject matter to this proclamation does not board an aircraft touring to the United States, to the extent permitted by regulation.
          (c)  The Secretary of Homeland Stability might establish expectations and procedures to ensure the application of this proclamation at and concerning all United States ports of entry.
          (d)  Where a noncitizen circumvents the application of this proclamation by means of fraud, willful misrepresentation of a material simple fact, or illegal entry, the Secretary of Homeland Stability shall consider prioritizing this kind of noncitizen for elimination.

     Sec. 4.  Relationship to Other Suspensions, Constraints, or Restrictions on Entry.  Individuals explained in segment 2 of this proclamation could nonetheless be issue to an entry suspension, limitation, or restriction below Proclamation 10294 of October 25, 2021 (Advancing the Risk-free Resumption of World wide Travel Throughout the COVID-⁠19 Pandemic).  Very little in this proclamation shall be construed to have an impact on any other suspension, limitation, or restriction on entry.

     Sec. 5.  Termination.  This proclamation shall keep on being in effect until eventually terminated by the President.  The Secretary of Health and fitness and Human Products and services shall, as situation warrant and no far more than 30 times after the day of this proclamation and by the remaining working day of each and every calendar month thereafter, recommend whether the President really should carry on, modify, or terminate this proclamation.

     Sec. 6.  Effective Date.  This proclamation is productive at 12:01 a.m. jap regular time on November 29, 2021.  This proclamation does not apply to folks aboard a flight scheduled to arrive in the United States that departed prior to 12:01 a.m. eastern common time on November 29, 2021.

     Sec. 7.  Severability.  It is the plan of the United States to implement this proclamation to the maximum extent doable to advance the national protection, general public security, and overseas coverage interests of the United States.  Accordingly, if any provision of this proclamation, or the application 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 folks or circumstances shall not be impacted thus.

     Sec. 8.  Typical Provisions.  (a)  Almost nothing in this proclamation shall be construed to impair or otherwise affect:
          (i)   the authority granted by legislation to an govt section or agency, or the head thereof or
          (ii)  the capabilities of the Director of the Office of Management and Funds relating to budgetary, administrative, or legislative proposals.
               (b)  This proclamation shall be applied constant with applicable law and topic to the availability of appropriations.
               (c)  This proclamation is not intended to, and does not, develop any correct or benefit, substantive or procedural, enforceable at regulation or in fairness by any bash from the United States, its departments, companies, or entities, its officers, personnel, or brokers, or any other man or woman.

IN WITNESS WHEREOF, I have hereunto established my hand this 20-sixth day of November, in the 12 months of our Lord two thousand twenty-just one, and of the Independence of the United States of America the two hundred and forty-sixth.

                               JOSEPH R. BIDEN JR.

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