Original Date AnnouncedMay 24, 2020
POTUS issues 8 U.S.C. sec. 212(f) proclamation, temporarily restricting travel of individuals physically present in Brazil in the 14-day period preceding their entry or attempted entry into the United States.
[ID #847]COVID-19 Presidential Proclamation Suspends Entry from Brazil
Effective DateMay 28, 2020
Subsequent Trump-Era and Court Action(s)
January 18, 2021
Proclamation Terminating Restrictions on Entry of Certain Travelers from the Schengen Area, the United Kingdom, the Republic of Ireland, and Brazil
Based upon the advice of the Secretary of Health and Human Services, President Trump issued a proclamation terminating Proclamation 10041--the subject of this entry--to remove entry restrictions applicable to the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil.View Document
October 5, 2021
Kinsley v. Blinken, No. 21-962 (JEB) (D.D.C., Oct. 5, 2021).
On October 5, 2021, Judge Boasberg granted summary judgment to nine plaintiffs (who had standing and whose claims were not moot), stating that the State Department "acted improperly in suspending visa issuance based on the Proclamations."
**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**View Document
Biden Administration Action: Approved/RetainedJanuary 28, 2021
Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019
Although President Trump previously revoked the proclamation that was the subject of this entry, in a January 25, 2021 proclamation (Proclamation 10143), President Biden determined once more that it was in the interest of the United States to restrict and suspend the entry of non-U.S. citizens, as immigrants or nonimmigrants, who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, and the Republic of South Africa during the 14-day period preceding their entry or attempted entry into the United States.View Document
Biden Administration Action: ModifiedMay 27, 2021
2021.05.27 National Interest Exceptions for Certain Travelers from China, Iran, India, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland
This Biden administration policy modifies the Trump-era policy identified in this entry.
On May 27, 2021, the State Department expanded eligibility for National Interest Exceptions (NIEs) to the ban on travelers from Brazil. The following groups may now qualify for NIEs: "travelers . . . seeking to provide vital support or executive direction for critical infrastructure; those traveling to provide vital support or executive direction for significant economic activity in the United States; journalists; students and certain academics covered by exchange visitor programs; immigrants; and fiancés."View Document
Biden Administration Action: Under StudySeptember 20, 2021
2021.09.20 Background Press Call by a Senior Administration Official Previewing the 76th Session of the United Nations General Assembly
This Biden administration policy considers the Trump-era policy identified in this entry.
On September 20, 2021, in a teleconference background press call previewing the 76th Session of the UN General Assembly, a senior administration official explained that the 212(f) travel restrictions are under study to potentially be rolled back in early November for Brazil.
"Today, the President announced that, beginning in early November, the United States will be putting in place strict protocols to prevent the spread of COVID-19 from passengers flying internationally into the United States by requiring that adult foreign nationals traveling here be fully vaccinated.
Critically for our European partners and for the UK, this policy means that we will no longer be implementing the current 212(f) travel policies for individual countries as of early November. We’ll be moving to a consistent requirement for all international air travelers coming to the United States.
But we’re very proud of the fact that we’ve been able to develop a protocol that will permit travel by individuals and families and business people from the E.U. and the UK, as well as from Brazil and India and other countries, to the United States with proof of vaccination."View Document
Biden Administration Action: Revoked/ReplacedOctober 25, 2021
A Proclamation on Advancing the Safe Resumption of Global Travel
On October 25, 2021, President Biden issued a Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, which revoked Proclamation 10143, issued by President Biden on January 25, 2021, including from the country-by-country restrictions previously applied (including on individuals who recently were present in the Federative Republic of Brazil) and adopts an air travel policy that relies primarily on vaccination to advance the safe resumption of international air travel to the United States.View Document
Current StatusNot in effectJanuary 28, 2021
Acted on by Biden AdministrationMay 27, 2021
Acted on by Biden AdministrationSeptember 20, 2021
Acted on by Biden AdministrationOctober 25, 2021
Acted on by Biden Administration
Trump-Era Policy Documents
- Subsequent Action