Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 6709-6712 [2020-02424]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Presidential Documents]
[Pages 6709-6712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02424]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 24 / Wednesday, February 5, 2020 / 
Presidential Documents

[[Page 6709]]


                Proclamation 9984 of January 31, 2020

                
Suspension of Entry as Immigrants and 
                Nonimmigrants of Persons Who Pose a Risk of 
                Transmitting 2019 Novel Coronavirus and Other 
                Appropriate Measures To Address This Risk

                By the President of the United States of America

                A Proclamation

                The United States has confirmed cases of individuals 
                who have a severe acute respiratory illness caused by a 
                novel (new) coronavirus (``2019-nCoV'') (``the virus'') 
                first detected in Wuhan, Hubei Province, People's 
                Republic of China (``China''). The virus was discovered 
                in China in December 2019. As of January 31, 2020, 
                Chinese health officials have reported approximately 
                10,000 confirmed cases of 2019-nCoV in China, more than 
                the number of confirmed cases of Severe Acute 
                Respiratory Syndrome (SARS) during its 2003 outbreak. 
                An additional 114 cases have been confirmed across 22 
                other countries; in several of these cases, the 
                infected individuals had not visited China. More than 
                200 people have died from the virus, all in China.

                Coronaviruses are a large family of viruses. Some cause 
                illness in people and others circulate among animals, 
                including camels, cats, and bats. Animal coronaviruses 
                are capable of evolving to infect people and 
                subsequently spreading through human-to-human 
                transmission. This occurred with both Middle East 
                Respiratory Syndrome and SARS. Many of the individuals 
                with the earliest confirmed cases of 2019-nCoV in 
                Wuhan, China had some link to a large seafood and live 
                animal market, suggesting animal-to-human transmission. 
                Later, a growing number of infected individuals 
                reportedly did not have exposure to animal markets, 
                indicating human-to-human transmission. Chinese 
                officials now report that sustained human-to-human 
                transmission of the virus is occurring in China. 
                Manifestations of severe disease have included severe 
                pneumonia, acute respiratory distress syndrome, septic 
                shock, and multi-organ failure.

                Neighboring jurisdictions have taken swift action to 
                protect their citizens by closing off travel between 
                their territories and China. On January 30, 2020, the 
                World Health Organization declared the 2019-nCoV 
                outbreak a public health emergency of international 
                concern.

                Outbreaks of novel viral infections among people are 
                always of public health concern, and older adults and 
                people with underlying health conditions may be at 
                increased risk. Public health experts are still 
                learning about the severity of 2019-nCoV. An 
                understanding of the key attributes of this novel 
                virus, including its transmission dynamics, incubation 
                period, and severity, is critical to assessing the risk 
                it poses to the American public. Nonetheless, the 
                Centers for Disease Control and Prevention (CDC) has 
                determined that the virus presents a serious public 
                health threat.

                The CDC is closely monitoring the situation in the 
                United States, is conducting enhanced entry screening 
                at 5 United States airports where the majority of 
                travelers from Wuhan arrive, and is enhancing illness 
                response capacity at the 20 ports of entry where CDC 
                medical screening stations are located. The CDC is also 
                supporting States in conducting contact investigations 
                of confirmed 2019-nCoV cases identified within the 
                United States.

[[Page 6710]]

                The CDC has confirmed that the virus has spread between 
                two people in the United States, representing the first 
                instance of person-to-person transmission of the virus 
                within the United States. The CDC, along with state and 
                local health departments, has limited resources and the 
                public health system could be overwhelmed if sustained 
                human-to-human transmission of the virus occurred in 
                the United States. Sustained human-to-human 
                transmission has the potential to have cascading public 
                health, economic, national security, and societal 
                consequences.

                During Fiscal Year 2019, an average of more than 14,000 
                people traveled to the United States from China each 
                day, via both direct and indirect flights. The United 
                States Government is unable to effectively evaluate and 
                monitor all of the travelers continuing to arrive from 
                China. The potential for widespread transmission of the 
                virus by infected individuals seeking to enter the 
                United States threatens the security of our 
                transportation system and infrastructure and the 
                national security. Given the importance of protecting 
                persons within the United States from the threat of 
                this harmful communicable disease, I have determined 
                that it is in the interests of the United States to 
                take action to restrict and suspend the entry into the 
                United States, as immigrants or nonimmigrants, of all 
                aliens who were physically present within the People's 
                Republic of China, excluding the Special Administrative 
                Regions of Hong Kong and Macau, during the 14-day 
                period preceding their entry or attempted entry into 
                the United States. I have also determined that the 
                United States should take all necessary and appropriate 
                measures to facilitate orderly medical screening and, 
                where appropriate, quarantine of persons allowed to 
                enter the United States who may have been exposed to 
                this virus.

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States, by the authority vested in me by the 
                Constitution and the laws of the United States of 
                America, including sections 212(f) and 215(a) of the 
                Immigration and Nationality Act (INA), 8 U.S.C. 1182(f) 
                and 1185(a), and section 301 of title 3, United States 
                Code, hereby find that the unrestricted entry into the 
                United States of persons described in section 1 of this 
                proclamation would, except as provided for in section 2 
                of this proclamation, be detrimental to the interests 
                of the United States, and that their entry should be 
                subject to certain restrictions, limitations, 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 all aliens who were physically 
                present within the People's Republic of China, 
                excluding the Special Administrative Regions of Hong 
                Kong and Macau, during the 14-day period preceding 
                their entry or attempted entry into the United States 
                is hereby suspended and limited subject to section 2 of 
                this proclamation.

                Sec. 2. Scope of Suspension and Limitation on Entry.

                    (a) Section 1 of this proclamation shall not apply 
                to:

(i) any lawful permanent resident of the United States;

(ii) any alien who is the spouse of a U.S. citizen or lawful permanent 
resident;

(iii) any alien who is the parent or legal guardian of a U.S. citizen or 
lawful permanent resident, provided that the U.S. citizen or lawful 
permanent resident is unmarried and under the age of 21;

(iv) any alien who is the sibling of a U.S. citizen or lawful permanent 
resident, provided that both are unmarried and under the age of 21;

(v) any alien who is the child, foster child, or ward of a U.S. citizen or 
lawful permanent resident, or who is a prospective adoptee seeking to enter 
the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi) any alien traveling at the invitation of the United States Government 
for a purpose related to containment or mitigation of the virus;

[[Page 6711]]

(vii) any alien traveling as a nonimmigrant under section 101(a)(15)(C) or 
(D) of the INA, 8 U.S.C. 1101(a)(15)(C) or (D), as a crewmember or any 
alien otherwise traveling to the United States as air or sea crew;

(viii) any alien seeking entry into or transiting the United States 
pursuant to an A-1, A-2, C-2, C-3 (as a foreign government official or 
immediate family member of an official), G-1, G-2, G-3, G-4, NATO-1 through 
NATO-4, or NATO-6 visa;

(ix) any alien whose entry would not pose a significant risk of 
introducing, transmitting, or spreading the virus, as determined by the CDC 
Director, or his designee;

(x) any alien whose entry would further important United States law 
enforcement objectives, as determined by the Secretary of State, the 
Secretary of Homeland Security, or their respective designees based on a 
recommendation of the Attorney General or his designee; or

(xi) any alien whose entry would be in the national interest, as determined 
by the Secretary of State, the Secretary of Homeland Security, or their 
designees.

                    (b) Nothing in this proclamation shall be construed 
                to affect any individual's eligibility for asylum, 
                withholding of removal, or protection under the 
                regulations issued pursuant to the legislation 
                implementing the Convention Against Torture and Other 
                Cruel, Inhuman or Degrading Treatment or Punishment, 
                consistent with the laws and regulations of the United 
                States.

                Sec. 3. Implementation and Enforcement. (a) The 
                Secretary of State shall implement this proclamation as 
                it applies to visas pursuant to such procedures as the 
                Secretary of State, in consultation with the Secretary 
                of Homeland Security, may establish. The Secretary of 
                Homeland Security shall implement this proclamation as 
                it applies to the entry of aliens pursuant to such 
                procedures as the Secretary of Homeland Security, in 
                consultation with the Secretary of State, may 
                establish.

                    (b) Consistent with applicable law, the Secretary 
                of State, the Secretary of Transportation, and the 
                Secretary of Homeland Security shall ensure that any 
                alien subject to this proclamation does not board an 
                aircraft traveling to the United States.
                    (c) The Secretary of Homeland Security may 
                establish standards and procedures to ensure the 
                application and implementation of this proclamation at 
                United States seaports and in between all ports of 
                entry.
                    (d) An alien who circumvents the application of 
                this proclamation through fraud, willful 
                misrepresentation of a material fact, or illegal entry 
                shall be a priority for removal by the Department of 
                Homeland Security.

                Sec. 4. Orderly Medical Screening and Quarantine. The 
                Secretary of Homeland Security shall take all necessary 
                and appropriate steps to regulate the travel of persons 
                and aircraft to the United States to facilitate the 
                orderly medical screening and, where appropriate, 
                quarantine of persons who enter the United States and 
                who may have been exposed to the virus. Such steps may 
                include directing air carriers to restrict and regulate 
                the boarding of such passengers on flights to the 
                United States.

                Sec. 5. Termination. This proclamation shall remain in 
                effect until terminated by the President. The Secretary 
                of Health and Human Services shall, as circumstances 
                warrant and no more than 15 days after the date of this 
                order and every 15 days thereafter, recommend that the 
                President continue, modify, or terminate this 
                proclamation.

                Sec. 6. Effective Date. This proclamation is effective 
                at 5:00 p.m. eastern standard time on February 2, 2020.

                Sec. 7. Severability. It is the policy of the United 
                States to enforce this proclamation to the maximum 
                extent possible to advance the national security, 
                public safety, and foreign policy interests of the 
                United States. Accordingly:

[[Page 6712]]

                    (a) if any provision of this proclamation, or the 
                application of any provision to any person or 
                circumstance, is held to be invalid, the remainder of 
                this proclamation and the application of its provisions 
                to any other persons or circumstances shall not be 
                affected thereby; and
                    (b) if any provision of this proclamation, or the 
                application of any provision to any person or 
                circumstance, is held to be invalid because of the lack 
                of certain procedural requirements, the relevant 
                executive branch officials shall implement those 
                procedural requirements to conform with existing law 
                and with any applicable court orders.

                Sec. 8. General Provisions. (a) Nothing in this 
                proclamation shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department 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 implemented 
                consistent with applicable law and subject to the 
                availability of appropriations.
                    (c) This proclamation is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                thirty-first day of January, in the year of our Lord 
                two thousand twenty, and of the Independence of the 
                United States of America the two hundred and forty-
                fourth.
                
                
                    (Presidential Sig.)

[FR Doc. 2020-02424
Filed 2-4-20; 11:15 am]
Billing code 3295-F0-P