A Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Sure Extra Individuals Who Pose a Danger of Transmitting Coronavirus Illness 2019

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The nationwide emergency brought on by the coronavirus illness 2019 (COVID-19) outbreak in the USA continues to pose a grave menace to our well being and safety.  As of November 26, 2021, the USA has skilled greater than 47 million confirmed COVID-19 circumstances and greater than 773,000 COVID-19 deaths.  It’s the coverage of my Administration to implement science-based public well being measures, throughout all areas of the Federal Authorities, to behave swiftly and aggressively to stop additional unfold of the illness.

On November 24, 2021, the Republic of South Africa knowledgeable the World Well being Group (WHO) of a brand new B.1.1.529 (Omicron) variant of SARS-CoV-2, the virus that causes COVID-19, that was detected in that nation.  On November 26, 2021, the WHO Technical Advisory Group on SARS-CoV-2 Virus Evolution introduced that B.1.1.529 constitutes a variant of concern.  Whereas new info continues to be rising, the profile of B.1.1.529 consists of a number of mutations throughout the SARS-CoV-2 genome, a few of that are regarding.  In accordance with the WHO, preliminary proof suggests an elevated danger of reinfection with this variant, as in comparison with different variants of concern.  Additional, the WHO studies that the variety of circumstances of this variant seems to be growing in virtually all provinces within the Republic of South Africa.  Primarily based on these developments, and in gentle of the intensive cross-border transit and proximity in Southern Africa, the detection of B.1.1.529 circumstances in some Southern African international locations, and the dearth of widespread genomic sequencing in Southern Africa, the USA Authorities, together with the Facilities for Illness Management and Prevention (CDC), inside the Division of Well being and Human Providers, has reexamined its insurance policies on worldwide journey and concluded that additional measures are required to guard the general public well being from vacationers coming into the USA 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.  Along with these journey restrictions, the CDC shall implement different mitigation measures for vacationers departing from the international locations listed above and destined for the USA, as wanted.

Given the advice of the CDC, working in shut coordination with the Division of Homeland Safety, described above, I’ve decided that it’s within the pursuits of the USA to take motion to droop and limit the entry into the USA, as immigrants and nonimmigrants, of noncitizens of the USA (“noncitizens”) who had been bodily current inside 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 the course of the 14-day interval previous their entry or tried 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 Structure and the legal guidelines of the USA of America, together with sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and part 301 of title 3, United States Code, hereby discover that the unrestricted entry into the USA of individuals described in part 1 of this proclamation would, besides as offered for in part 2 of this proclamation, be detrimental to the pursuits of the United States, and that their entry ought to be topic to sure restrictions, limitations, and exceptions.  I due to this fact hereby proclaim the next:

     Part 1.  Suspension and Limitation on Entry.  The entry into the USA, as immigrants or nonimmigrants, of noncitizens who had been bodily current inside 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 the course of the 14-day interval previous their entry or tried entry into the USA is hereby suspended and restricted topic to part 2 of this proclamation.    

     Sec. 2.  Scope of Suspension and Limitation on Entry. 
          (a)  Part 1 of this proclamation shall not apply to:
               (i)     any lawful everlasting resident of the United States;
               (ii)    any noncitizen nationwide of the USA;
               (iii)   any noncitizen who’s the partner of a U.S. citizen or lawful everlasting resident;
               (iv)    any noncitizen who’s the mum or dad or authorized guardian of a U.S. citizen or lawful everlasting resident, offered that the U.S. citizen or lawful everlasting resident is single and below the age of 21;
               (v)     any noncitizen who’s the sibling of a U.S. citizen or lawful everlasting resident, offered that each are single and below the age of 21;
               (vi)    any noncitizen who’s the kid, foster little one, or ward of a U.S. citizen or lawful everlasting resident, or who’s a potential adoptee searching for to enter the USA pursuant to the IR-4 or IH-4 visa classifications;
               (vii)   any noncitizen touring on the invitation of the USA Authorities for a objective associated to containment or mitigation of the virus;
               (viii)  any noncitizen touring as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any noncitizen in any other case touring to the USA as air or sea crew;
               (ix)    any noncitizen
                    (A)  searching for entry into or transiting the USA pursuant to one of many following visas:  A-1, A-2, C-2, C-3 (as a overseas authorities official or instant member of the family of an official), E-1 (as an worker of TECRO or TECO or the worker’s instant members of the family), G-1, G-2, G-3, G-4, NATO-1 by NATO-4, or NATO-6 (or searching for to enter as a nonimmigrant in a type of NATO classes); or
                    (B)  whose journey falls inside the scope of part 11 of the United Nations Headquarters Settlement;
               (x)     any noncitizen who’s a member of the U.S. Armed Forces or who’s a partner or little one of a member of the U.S. Armed Forces;
               (xi)    any noncitizen whose entry would additional vital United States regulation enforcement goals, as decided by the Secretary of State, the Secretary of Homeland Safety, or their respective designees, primarily based on a advice of the Legal professional Normal or his designee; or
               (xii)   any noncitizen or group of noncitizens whose entry can be within the nationwide curiosity, as decided by the Secretary of State, the Secretary of Homeland Safety, or their designees.
          (b)  Nothing on this proclamation shall be construed to have an effect on any particular person’s eligibility for asylum, withholding of removing, or safety below the laws issued pursuant to the laws implementing the Conference In opposition to Torture and Different Merciless, Inhuman or Degrading Remedy or Punishment, in keeping with the legal guidelines and laws of the USA.

     Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation because it applies to visas pursuant to such procedures because the Secretary of State, in session with the Secretary of Homeland Safety, might set up.  The Secretary of Homeland Safety shall implement this proclamation because it applies to the entry of noncitizens pursuant to such procedures because the Secretary of Homeland Safety, in session with the Secretary of State, might set up.
          (b)  The Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Safety shall endeavor to make sure that any noncitizen topic to this proclamation doesn’t board an plane touring to the United States, to the extent permitted by regulation.
          (c)  The Secretary of Homeland Safety might set up requirements and procedures to make sure the applying of this proclamation at and between all United States ports of entry.
          (d)  The place a noncitizen circumvents the applying of this proclamation by fraud, willful misrepresentation of a materials reality, or unlawful entry, the Secretary of Homeland Safety shall contemplate prioritizing such noncitizen for removing.

     Sec. 4.  Relationship to Different Suspensions, Limitations, or Restrictions on Entry.  People described in part 2 of this proclamation might however be topic to an entry suspension, limitation, or restriction below Proclamation 10294 of October 25, 2021 (Advancing the Protected Resumption of World Journey Through the COVID-⁠19 Pandemic).  Nothing on this proclamation shall be construed to have an effect on some other suspension, limitation, or restriction on entry.

     Sec. 5.  Termination.  This proclamation shall stay in impact till terminated by the President.  The Secretary of Well being and Human Providers shall, as circumstances warrant and not more than 30 days after the date of this proclamation and by the ultimate day of every calendar month thereafter, advocate whether or not the President ought to proceed, modify, or terminate this proclamation.

     Sec. 6.  Efficient Date.  This proclamation is efficient at 12:01 a.m. jap commonplace time on November 29, 2021.  This proclamation doesn’t apply to individuals aboard a flight scheduled to reach in the USA that departed previous to 12:01 a.m. jap commonplace time on November 29, 2021.

     Sec. 7.  Severability.  It’s the coverage of the United States to implement this proclamation to the utmost extent potential to advance the nationwide safety, public security, and overseas coverage pursuits of the USA.  Accordingly, if any provision of this proclamation, or the applying of any provision to any particular person or circumstance, is held to be invalid, the rest of this proclamation and the applying of its provisions to some other individuals or circumstances shall not be affected thereby.

     Sec. 8.  Normal Provisions.  (a)  Nothing on this proclamation shall be construed to impair or in any other case have an effect on:
          (i)   the authority granted by regulation to an government division or company, or the pinnacle thereof; or
          (ii)  the capabilities of the Director of the Workplace of Administration and Funds regarding budgetary, administrative, or legislative proposals.
               (b)  This proclamation shall be carried out in keeping with relevant regulation and topic to the supply of appropriations.
               (c)  This proclamation will not be supposed to, and doesn’t, create any proper or profit, substantive or procedural, enforceable at regulation or in fairness by any occasion towards the United States, its departments, businesses, or entities, its officers, workers, or brokers, or some other particular person.

IN WITNESS WHEREOF, I’ve hereunto set my hand this twenty-sixth day of November, within the 12 months of our Lord two thousand twenty-one, and of the Independence of the United States of America the 2 hundred and forty-sixth.

                               JOSEPH R. BIDEN JR.

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