Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019, 68385-68388 [2021-26253]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Presidential Documents]
[Pages 68385-68388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26253]



[[Page 68383]]

Vol. 86

Wednesday,

No. 228

December 1, 2021

Part IV





The President





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Proclamation 10315--Suspension of Entry as Immigrants and Nonimmigrants 
of Certain Additional Persons Who Pose a Risk of Transmitting 
Coronavirus Disease 2019


                        Presidential Documents 



Federal Register / Vol. 86 , No. 228 / Wednesday, December 1, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 68385]]

                Proclamation 10315 of November 26, 2021

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

                By the President of the United States of America

                A Proclamation

                The national emergency caused by the coronavirus 
                disease 2019 (COVID-19) outbreak in the United States 
                continues to pose a grave threat to our health and 
                security. As of November 26, 2021, the United States 
                has experienced more than 47 million confirmed COVID-19 
                cases and more than 773,000 COVID-19 deaths. It is the 
                policy of my Administration to implement science-based 
                public health measures, across all areas of the Federal 
                Government, to act swiftly and aggressively to prevent 
                further spread of the disease.

                On November 24, 2021, the Republic of South Africa 
                informed the World Health Organization (WHO) of a new 
                B.1.1.529 (Omicron) variant of SARS-CoV-2, the virus 
                that causes COVID-19, that was detected in that 
                country. On November 26, 2021, the WHO Technical 
                Advisory Group on SARS-CoV-2 Virus Evolution announced 
                that B.1.1.529 constitutes a variant of concern. While 
                new information is still emerging, the profile of 
                B.1.1.529 includes multiple mutations across the SARS-
                CoV-2 genome, some of which are concerning. According 
                to the WHO, preliminary evidence suggests an increased 
                risk of reinfection with this variant, as compared to 
                other variants of concern. Further, the WHO reports 
                that the number of cases of this variant appears to be 
                increasing in almost all provinces in the Republic of 
                South Africa. Based on these developments, and in light 
                of the extensive cross-border transit and proximity in 
                Southern Africa, the detection of B.1.1.529 cases in 
                some Southern African countries, and the lack of 
                widespread genomic sequencing in Southern Africa, the 
                United States Government, including the Centers for 
                Disease Control and Prevention (CDC), within the 
                Department of Health and Human Services, has reexamined 
                its policies on international travel and concluded that 
                further measures are required to protect the public 
                health from travelers entering 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 travel restrictions, the CDC shall 
                implement other mitigation measures for travelers 
                departing from the countries listed above and destined 
                for the United States, as needed.

                Given the recommendation of the CDC, working in close 
                coordination with the Department of Homeland Security, 
                described above, I have determined that it is in the 
                interests of the United States to take action to 
                suspend and restrict the entry into the United States, 
                as immigrants and nonimmigrants, of noncitizens of the 
                United States (``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 during the 14-day period preceding their 
                entry or attempted entry into the United States.

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of 
                the United States, by the authority vested in me by the 
                Constitution and the laws of the

[[Page 68386]]

                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 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 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 noncitizen national of the United States;

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

(iv) any noncitizen 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;

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

(vi) any noncitizen 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;

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

(viii) any noncitizen traveling as a nonimmigrant pursuant to a C-1, D, or 
C-1/D nonimmigrant visa as a crewmember or any noncitizen otherwise 
traveling 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 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;

(x) any noncitizen who is a member of the U.S. Armed Forces or who is a 
spouse or child of a member of the U.S. Armed Forces;

(xi) any noncitizen 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 noncitizen or group of noncitizens 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

[[Page 68387]]

                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 noncitizens pursuant to such 
                procedures as the Secretary of Homeland Security, in 
                consultation with the Secretary of State, may 
                establish.

                    (b) The Secretary of State, the Secretary of 
                Transportation, and the Secretary of Homeland Security 
                shall endeavor to ensure that any noncitizen subject to 
                this proclamation does not board an aircraft traveling 
                to the United States, to the extent permitted by law.
                    (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) Where a noncitizen circumvents the application 
                of this proclamation through fraud, willful 
                misrepresentation of a material fact, or illegal entry, 
                the Secretary of Homeland Security shall consider 
                prioritizing such noncitizen for removal.

                Sec. 4. Relationship to Other Suspensions, Limitations, 
                or Restrictions on Entry. Individuals described in 
                section 2 of this proclamation may nevertheless be 
                subject to an entry suspension, limitation, or 
                restriction under Proclamation 10294 of October 25, 
                2021 (Advancing the Safe Resumption of Global Travel 
                During the COVID-19 Pandemic). Nothing in this 
                proclamation shall be construed to affect any other 
                suspension, limitation, or restriction on entry.

                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 30 days after the date of this 
                proclamation and by the final day of each calendar 
                month thereafter, recommend whether the President 
                should continue, modify, or terminate this 
                proclamation.

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

                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, 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.

                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.

[[Page 68388]]

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

[FR Doc. 2021-26253
Filed 11-30-21; 11:15 am]
Billing code 3395-F2-P