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Original Date Announced
May 24, 2020POTUS 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 BrazilEffective Date
May 28, 2020Subsequent Trump-Era and Court Action(s)
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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.**
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Biden Administration Action: Modified
May 27, 20212021.05.27 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 DocumentBiden Administration Action: Under Study
September 20, 20212021.09.20 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 DocumentCurrent Status
Partially in effectMay 27, 2021Acted on by Biden Administration
September 20, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Presidential OrdersSubject Matter: Non-Immigrant Visas Immigrant VisasAssociated or Derivative Policies
- January 31, 2020 COVID-19: POTUS issues proclamation suspending entry of immigrants and nonimmigrants previously physically present in China
- February 29, 2020 COVID-19: POTUS suspends entry of immigrants and nonimmigrants previously physically present in Iran
- March 11, 2020 COVID-19: POTUS issues proclamation suspending entry of immigrants and nonimmigrants previously physically present in Schengen Area
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Presidential Proclamation 10041 (May 24, 2020)
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Subsequent Action
Original Source:
Kinsley v. Blinken, No. 21-962 (JEB) (D.D.C., Oct. 5, 2021).