<pre>[Federal Register Volume 85, Number 53 (Wednesday, March 18, 2020)] [Presidential Documents] [Pages 15341-15344] From the Federal Register Online via the Government Publishing Office [<a href=”http://www.gpo.gov”>www.gpo.gov</a>] [FR Doc No: 2020-05797]
Presidential Documents
Federal Register / Vol. 85, No. 53 / Wednesday, March 18, 2020 /
Presidential Documents
Proclamation 9996 of March 14, 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
On January 31, 2020, I issued Proclamation 9984
(Suspension of Entry as Immigrants and Nonimmigrants of
Persons Who Pose a Risk of Transmitting 2019 Novel
Coronavirus and Other Appropriate Measures To Address
This Risk). I found that the potential for widespread
transmission of a novel (new) coronavirus (which has
since been renamed “SARS-CoV-2” and causes the
disease COVID-19) (“SARS-CoV-2” or “the virus”) by
infected individuals seeking to enter the United States
threatens the security of our transportation system and
infrastructure and the national security. Because the
outbreak of the virus was at the time centered in the
People’s Republic of China, I suspended and limited the
entry of all aliens who were physically present within
the People’s Republic of China, excluding the Special
Administrative Regions of Hong Kong and Macau, during
the 14-day period preceding their entry or attempted
entry into the United States, subject to certain
exceptions. On February 29, 2020, in recognition of the
sustained person-to-person transmission of SARS-CoV-2
in the Islamic Republic of Iran, I issued Proclamation
9992 (Suspension of Entry as Immigrants and
Nonimmigrants of Certain Additional Persons Who Pose a
Risk of Transmitting 2019 Novel Coronavirus),
suspending and limiting the entry of all aliens who
were physically present within the Islamic Republic of
Iran during the 14-day period preceding their entry or
attempted entry into the United States, subject to
certain exceptions. And, most recently, on March 11,
2020, I issued Proclamation 9993 (Suspension of Entry
as Immigrants and Nonimmigrants of Certain Additional
Persons Who Pose a Risk of Transmitting 2019 Novel
Coronavirus), suspending and limiting the entry of all
aliens who were physically present within the Schengen
Area during the 14-day period preceding their entry or
attempted entry into the United States, subject to
certain exceptions.
The Centers for Disease Control and Prevention (CDC), a
component of the Department of Health and Human
Services, has determined that the virus presents a
serious public health threat, and CDC continues to take
steps to prevent its spread. But CDC, along with State
and local health departments, has limited resources,
and the public health system could be overwhelmed if
sustained human-to-human transmission of the virus
occurred in the United States on a large scale.
Sustained human-to-human transmission has the potential
to cause cascading public health, economic, national
security, and societal consequences.
CDC has determined that the United Kingdom is
experiencing widespread, ongoing person-to-person
transmission of SARS-CoV-2. As of March 13, 2020, the
World Health Organization reported that the United
Kingdom had 594 cases of COVID-19, 5 times more cases
than there were 7 days prior.
The Republic of Ireland has an open border with the
United Kingdom in that persons can generally move
freely between the Republic of Ireland and the United
Kingdom–by land to and from Northern Ireland and by
ferry or aircraft to and from Wales, England, and
Scotland. This general ability to travel freely between
the United Kingdom and the Republic of Ireland poses
the same challenges that the Schengen Area posed for
suspending and limiting entry to the United States by
travelers who had been physically present within any of
the Schengen Area countries. CDC has also determined
that the Republic of Ireland is experiencing ongoing
sustained person-to-person transmission of SARS-CoV-2.
As of March 13, 2020, the World Health Organization
reported that the Republic of Ireland had 70 cases of
COVID-19, 5 times more cases than there were 7 days
prior.
The United States Government is unable to effectively
evaluate and monitor all of the travelers continuing to
arrive from the United Kingdom and the Republic of
Ireland. The potential for undetected transmission of
the virus by infected individuals seeking to enter the
United States from the United Kingdom and the Republic
of Ireland threatens the security of our transportation
system and infrastructure and the national security.
Given the importance of protecting persons within the
United States from the threat of this harmful
communicable disease, 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 United Kingdom, excluding
overseas territories outside of Europe, or the Republic
of Ireland 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
United Kingdom and the Republic of Ireland 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:
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 United Kingdom, excluding overseas
territories outside of Europe, or the Republic of
Ireland 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 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;
(x) 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;
(xi) 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; or
(xii) members of the U.S. Armed Forces and spouses and children of members
of the U.S. Armed Forces.
(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.
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 March 16, 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
March 16, 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.
IN WITNESS WHEREOF, I have hereunto set my hand this
fourteenth day of March, 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.
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[FR Doc. 2020-05797Filed 3-17-20; 8:45 am] Billing code 3295-F0-P
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