Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, 12855-12858 [2020-04595]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 43 (Wednesday, March 4, 2020)]
[Presidential Documents]
[Pages 12855-12858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04595]



[[Page 12853]]

Vol. 85

Wednesday,

No. 43

March 4, 2020

Part III





The President





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Proclamation 9992--Suspension of Entry as Immigrants and Nonimmigrants 
of Certain Additional Persons Who Pose a Risk of Transmitting 2019 
Novel Coronavirus


                        Presidential Documents 



Federal Register / Vol. 85 , No. 43 / Wednesday, March 4, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 12855]]

                Proclamation 9992 of February 29, 2020

                
Suspension of Entry as Immigrants and 
                Nonimmigrants of Certain Additional Persons Who Pose a 
                Risk of Transmitting 2019 Novel Coronavirus

                By the President of the United States of America

                A Proclamation

                On January 31, 2020, I issued Proclamation 9984 
                (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). I found that the potential for widespread 
                transmission of a novel (new) coronavirus (which has 
                since been renamed ``SARS-CoV-2'' and causes the 
                disease COVID-19) (``SARS-CoV-2'' or ``the virus'') by 
                infected individuals seeking to enter the United States 
                threatens the security of our transportation system and 
                infrastructure and the national security. Because the 
                outbreak of the virus was (and is) centered in the 
                People's Republic of China, I suspended and limited the 
                entry 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, subject to certain 
                exceptions.

                The Centers for Disease Control and Prevention (CDC), a 
                component of the Department of Health and Human 
                Services, has determined that the virus presents a 
                serious public health threat and continues to take 
                steps to prevent its spread. But 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.

                CDC has determined that the Islamic Republic of Iran 
                (Iran) is experiencing sustained person-to-person 
                transmission of SARS-CoV-2. As of February 28, 2020, 
                Iran had 388 cases of COVID-19, a significant increase 
                from prior days. In response to that increase, on 
                February 28, 2020, CDC raised its infectious disease 
                alert to level 3, its highest level, which recommends 
                that travelers avoid all nonessential travel to Iran. 
                According to the World Health Organization, as of 
                February 28, 2020, 97 COVID-19 cases have been exported 
                from Iran to 11 other countries.

                Iran is not a trustworthy state actor, as it has 
                repeatedly demonstrated through its history of engaging 
                in malign activity, and confirmed most recently by its 
                repeated denials of responsibility for shooting down an 
                international airliner. The United States Government is 
                therefore unable to rely on official information 
                disseminated by Iran, undermining the effective 
                evaluation and monitoring of travelers continuing to 
                arrive from that country.

                The potential for undetected transmission of the virus 
                by infected individuals seeking to enter the United 
                States from Iran 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

[[Page 12856]]

                the entry into the United States, as immigrants or 
                nonimmigrants, of all aliens who were physically 
                present within Iran during the 14-day period preceding 
                their entry or attempted entry into the United States.

                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, 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 Islamic Republic of Iran 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;

(vii) any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D 
nonimmigrant visa as a crewmember or any alien otherwise traveling to the 
United States as air or sea crew;

(viii) any alien

  (A) seeking entry into or transiting the United States pursuant to 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 an employee of TECRO or 
TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-
1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one 
of those NATO categories); or

  (B) whose travel falls within the scope of section 11 of the United 
Nations Headquarters Agreement;

(ix) any alien whose entry would not pose a significant risk of 
introducing, transmitting, or spreading the virus, as determined by the 
Secretary of Health and Human Services, through 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;

(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; or

[[Page 12857]]

(xii) members of the U.S. Armed Forces and spouses and children of members 
of the U.S. Armed Forces.

                    (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 of this proclamation at and between all 
                United States 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. Amendments to Proclamation 9984. Proclamation 
                9984 is amended as follows:

                    (a) Section 2(a)(viii) of Proclamation 9984 is 
                amended to read as follows: ``(viii) any alien (A) 
                seeking entry into or transiting the United States 
                pursuant to 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 an employee of 
                TECRO or TECO or the employee's immediate family 
                members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or 
                NATO-6 (or seeking to enter as a nonimmigrant in one of 
                those NATO categories); or (B) whose travel falls 
                within the scope of section 11 of the United Nations 
                Headquarters Agreement;''
                    (b) Section 3(c) of Proclamation 9984 is amended to 
                read as follows: ``(c) The Secretary of Homeland 
                Security may establish standards and procedures to 
                ensure the application of this proclamation at and 
                between all United States ports of entry.''
                    (c) Section 5 of Proclamation 9984 is amended to 
                read as follows:
                    ``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 proclamation and thereafter on the 
                first and fifteenth day of each calendar month, 
                recommend that the President continue, modify, or 
                terminate this proclamation and any other proclamation 
                suspending or limiting the entry of foreign nationals 
                into the United States as immigrants or nonimmigrants 
                because of the threat posed by the virus.''

                Sec. 5. Termination. This proclamation shall remain in 
                effect until terminated by the President.

                Sec. 6. Effective Date. This proclamation is effective 
                at 5:00 p.m. eastern standard time on March 2, 2020. 
                This proclamation does not apply to persons aboard a 
                flight scheduled to arrive in the United States that 
                departed prior to 5:00 p.m. eastern standard time on 
                March 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 12858]]

                    (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 
                twenty-ninth day of February, 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. 2020-04595
Filed 3-3-20; 11:15 am]
Billing code 3295-F0-P