A proclamation on the suspension of entry as immigrants and non-immigrants of certain additional people who are at risk of transmitting coronavirus disease 2019

The national emergency caused by the 2019 coronavirus disease (COVID-19) outbreak in the United States continues to pose a serious threat to our health and safety. As of November 26, 2021, the United States has recorded more than 47 million confirmed cases of COVID-19 and more than 773,000 deaths from COVID-19. It is the policy of my administration to implement science-based public health measures, in all areas of the federal government, to act quickly and aggressively to prevent the spread of 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, which has been detected in this country. On November 26, 2021, the WHO Technical Advisory Group on the Evolution of the SARS-CoV-2 Virus announced that B.1.1.529 is a variant of concern. While new information still emerges, the profile of B.1.1.529 includes multiple mutations in the SARS-CoV-2 genome, some of which are of concern. According to the WHO, preliminary evidence suggests an increased risk of re-infection with this variant, compared to other variants of concern. In addition, the WHO reports that the number of cases of this variant appears to be increasing in almost all provinces of 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 cases of B.1.1.529 in some southern African countries and the lack of widespread genomic sequencing in Africa Southern, United States The government, including the Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services, has reviewed its policies on international travel and concluded that additional measures are needed. necessary to protect the public health of travelers entering the United States from the Republic of Botswana, Kingdom of Eswatini, Kingdom of Lesotho, Republic of Malawi, Republic of Mozambique, Republic of Namibia, Republic of South Africa and Republic of Zimbabwe. In addition to these travel restrictions, CDC will implement other mitigation measures for travelers departing from the countries listed above and destined for the United States, as required.

In light of 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 interest of the United States to take action to suspend and restrict the entry into the United States, as immigrants and non-immigrants, of non-United States nationals (“non-citizens”) who were physically present in the Republic of Botswana, the Kingdom of Eswatini, the United 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 prior to their entry or attempted entry into the United States .

THEREFORE I, JOSEPH R. BIDEN JR., President of the United States, by 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 USC 1182 (f) and 1185 (a), and Section 301 of Title 3, United States Code, hereby declare that the entry unrestricted United States of the persons described in Section 1 of this Proclamation would, except as provided in Section 2 of this Proclamation, be prejudicial to the interests of the United States, and their entry should be subject to certain restrictions. , limitations and exceptions. I therefore hereby proclaim the following:

Section 1. Suspension and restriction of entry. Entry into the United States, as immigrants or non-immigrants, of non-citizens who were physically present in 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 prior to their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

Second. 2. Scope of suspension and limitation of registration.
(a) Section 1 of this proclamation does not apply:
(i) any lawful permanent resident of the United States;
(ii) any non-US national;
(iii) any non-citizen who is the spouse of a US citizen or lawful permanent resident;
(iv) any non-national who is the parent or legal guardian of a US citizen or lawful permanent resident, provided the US citizen or lawful permanent resident is single and under the age of 21;
(v) any non-national who is the brother or sister of a US citizen or lawful permanent resident, provided they are both single and under the age of 21;
(vi) any non-national who is the child, foster child or ward of a United States citizen or lawful permanent resident, or who is a prospective adoptee seeking entry into the United States in accordance with IR-4 or IH-4 visa classifications;
(vii) any non-national traveling at the invitation of the United States government for purposes related to containment or mitigation of the virus;
(viii) any non-national traveling as a non-immigrant under a C-1, D or C-1 / D non-immigrant visa as a crew member or any non-national otherwise traveling to United States as an air or sea crew;
(ix) any non-citizen
(A) seeking to enter or transit the United States under one of the following visas: A-1, A-2, C-2, C-3 (as an official of a foreign government or immediate family member of an official), E -1 (as an employee of TECRO or TECO or members of the employee’s immediate family), G-1, G-2, G-3, G -4, NATO-1 to NATO-4, or NATO-6 (or seeking to enter as a non-immigrant in one of these NATO categories); Where
(B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
(x) any non-national who is a member of the United States Armed Forces or who is the spouse or child of a member of the United States Armed Forces;
(xi) any non-national whose entry would contribute to the achievement of important law enforcement objectives in the United States, as determined by the Secretary of State, Secretary of Homeland Security or their respective representatives, on the basis of a recommendation from the Attorney General or his representative; Where
(xii) any non-national or group of non-nationals whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Homeland Security or their representatives.
(b) Nothing in this Proclamation shall be construed as affecting an individual’s eligibility for asylum, refusal of expulsion or protection under regulations issued pursuant to legislation implementing the Convention against torture and other cruel, inhuman or degrading treatment or punishment, in accordance with United States laws and regulations.

Second. 3. Implementation and enforcement. (a) The Secretary of State shall implement this proclamation as it applies to visas in accordance with procedures which 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 non-nationals in accordance with procedures that the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.
(b) The Secretary of State, Secretary of Transport and Secretary of Homeland Security will endeavor to ensure that no non-citizens subject to this Proclamation board any aircraft traveling to the States United, 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 points of entry into the United States.
(d) Where a non-national circumvents the application of this proclamation through fraud, willful misrepresentation of material fact, or illegal entry, the Secretary of Homeland Security should consider prioritizing such non- citizen for removal.

Second. 4. Relationship to other suspensions, limitations or restrictions on entry. The persons described in section 2 of this proclamation may nonetheless be subject to a suspension, limitation or restriction of entry under Proclamation 10294 of October 25, 2021 (Advancing the recovery in full global travel safety during the COVID-⁠19 pandemic). Nothing in this proclamation should be construed as affecting any other suspension, limitation or restriction of entry.

Second. 5. Termination. This proclamation will remain in effect until denounced by the President. The Secretary of Health and Social Services shall, if the circumstances justify it and not more than 30 days after the date of this proclamation and at the latest on the last day of each calendar month thereafter, recommend whether the president should continue, modify or terminate this proclamation.

Second. 6. Date of entry into force. This proclamation is effective at 12:01 a.m. Eastern Standard Time on November 29, 2021. This proclamation does not apply to persons on board a flight scheduled to arrive in the United States before 12 a.m. 01 Eastern Standard Time, November 29. 2021.

Second. 7. Severability. It is the policy of the United States to apply this proclamation to the greatest 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 person or circumstance will not be so. affected.

Second. 8. General provisions. (a) Nothing in this proclamation shall be construed as prejudicing or otherwise affecting:
(i) the authority granted by law to a ministry or executive body, or its head; Where
(ii) the functions of the Director of the Bureau of Management and Budget relating to budgetary, administrative or legislative proposals.
(b) This proclamation will be implemented in accordance with applicable law and subject to the availability of credits.
(c) This proclamation is not intended to create and does not create any right or benefit, substantial or procedural, enforceable in 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 appended my signature this twenty-sixth day of November, in the year of grace two thousand and twenty-one, and of independence of the United States of America on the two hundred and forty-six.

JOSEPH R. BIDEN JR.


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