Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, 15341-15344 [2020-05797]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)]
[Presidential Documents]
[Pages 15341-15344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05797]




                        Presidential Documents 



Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 / 
Presidential Documents

[[Page 15341]]


                Proclamation 9996 of March 14, 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 at the time 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. On February 29, 2020, in recognition of the 
                sustained person-to-person transmission of SARS-CoV-2 
                in the Islamic Republic of Iran, I issued Proclamation 
                9992 (Suspension of Entry as Immigrants and 
                Nonimmigrants of Certain Additional Persons Who Pose a 
                Risk of Transmitting 2019 Novel Coronavirus), 
                suspending and limiting the entry 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, subject to 
                certain exceptions. And, most recently, on March 11, 
                2020, I issued Proclamation 9993 (Suspension of Entry 
                as Immigrants and Nonimmigrants of Certain Additional 
                Persons Who Pose a Risk of Transmitting 2019 Novel 
                Coronavirus), suspending and limiting the entry of all 
                aliens who were physically present within the Schengen 
                Area 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 CDC 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 on a large scale. 
                Sustained human-to-human transmission has the potential 
                to cause cascading public health, economic, national 
                security, and societal consequences.

                CDC has determined that the United Kingdom is 
                experiencing widespread, ongoing person-to-person 
                transmission of SARS-CoV-2. As of March 13, 2020, the 
                World Health Organization reported that the United 
                Kingdom had 594 cases of COVID-19, 5 times more cases 
                than there were 7 days prior.

                The Republic of Ireland has an open border with the 
                United Kingdom in that persons can generally move 
                freely between the Republic of Ireland and the United 
                Kingdom--by land to and from Northern Ireland and by

[[Page 15342]]

                ferry or aircraft to and from Wales, England, and 
                Scotland. This general ability to travel freely between 
                the United Kingdom and the Republic of Ireland poses 
                the same challenges that the Schengen Area posed for 
                suspending and limiting entry to the United States by 
                travelers who had been physically present within any of 
                the Schengen Area countries. CDC has also determined 
                that the Republic of Ireland is experiencing ongoing 
                sustained person-to-person transmission of SARS-CoV-2. 
                As of March 13, 2020, the World Health Organization 
                reported that the Republic of Ireland had 70 cases of 
                COVID-19, 5 times more cases than there were 7 days 
                prior.

                The United States Government is unable to effectively 
                evaluate and monitor all of the travelers continuing to 
                arrive from the United Kingdom and the Republic of 
                Ireland. The potential for undetected transmission of 
                the virus by infected individuals seeking to enter the 
                United States from the United Kingdom and the Republic 
                of Ireland 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 United Kingdom, excluding 
                overseas territories outside of Europe, or the Republic 
                of Ireland during the 14-day period preceding their 
                entry or attempted entry into the United States. The 
                free flow of commerce between the United States and the 
                United Kingdom and the Republic of Ireland remains an 
                economic priority for the United States, and I remain 
                committed to facilitating trade between our nations.

                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 United Kingdom, excluding overseas 
                territories outside of Europe, or the Republic of 
                Ireland 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 15343]]

(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

(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. Termination. This proclamation shall remain in 
                effect until terminated by the President. The Secretary 
                of Health and Human Services shall recommend that the 
                President continue, modify, or terminate this 
                proclamation as described in section 5 of Proclamation 
                9984, as amended.

                Sec. 5. Effective Date. This proclamation is effective 
                at 11:59 p.m. eastern daylight time on March 16, 2020. 
                This proclamation does not apply to persons aboard a 
                flight scheduled to arrive in the United States that 
                departed prior to 11:59 p.m. eastern daylight time on 
                March 16, 2020.

[[Page 15344]]

                Sec. 6. 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:

                    (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. 7. 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 
                fourteenth day of March, 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. 2020-05797
Filed 3-17-20; 8:45 am]
Billing code 3295-F0-P