Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, 31933-31936 [2020-11616]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Presidential Documents]
[Pages 31933-31936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11616]




                        Presidential Documents 



Federal Register / Vol. 85, No. 103 / Thursday, May 28, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 31933]]

                Proclamation 10041 of May 24, 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

                In Proclamation 9994 of March 13, 2020 (Declaring a 
                National Emergency Concerning the Novel Coronavirus 
                Disease (COVID-19) Outbreak), I declared a national 
                emergency recognizing the threat that the novel (new) 
                coronavirus known as SARS-CoV-2 poses to our Nation's 
                healthcare systems. It is the policy of the United 
                States to respond to the ongoing, unprecedented 
                outbreak of COVID-19 (the disease caused by SARS-CoV-2) 
                with every tool and resource available to the United 
                States Government. Consistent with this policy, I have 
                suspended and limited the entry of aliens recently 
                present in certain foreign jurisdictions where 
                significant COVID-19 outbreaks have occurred. These 
                jurisdictions include the People's Republic of China 
                (excluding the Special Administrative Regions of Hong 
                Kong and Macau), the Islamic Republic of Iran, the 
                Schengen Area, the United Kingdom (excluding overseas 
                territories outside of Europe), and the Republic of 
                Ireland.

                The Centers for Disease Control and Prevention (CDC), a 
                component of the Department of Health and Human 
                Services, working in close coordination with the 
                Department of Homeland Security, has determined that 
                the Federative Republic of Brazil is experiencing 
                widespread, ongoing person-to-person transmission of 
                SARS-CoV-2. As of May 23, 2020, the World Health 
                Organization reported that the Federative Republic of 
                Brazil had 310,087 confirmed cases of COVID-19, which 
                is the third highest number of confirmed cases in the 
                world.

                The potential for undetected transmission of the virus 
                by infected individuals seeking to enter the United 
                States from the Federative Republic of Brazil threatens 
                the security of our transportation system and 
                infrastructure and the national security, and 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 
                Federative Republic of Brazil 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 Federative Republic of Brazil 
                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:

[[Page 31934]]

                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 Federative Republic of Brazil 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 who is a member of the U.S. Armed Forces and any alien who 
is a spouse or child of a member of the U.S. Armed Forces;

(x) 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;

(xi) 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

(xii) 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.

[[Page 31935]]

                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 May 28, 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 
                May 28, 2020.

                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.

[[Page 31936]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-fourth day of May, 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. 2020-11616
Filed 5-27-20; 8:45 am]
Billing code 3295-F0-P