[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

-----------------------------------------------------------------------

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,

  1. 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