Today, Saturday, March 14, 2020, measures restricting entry into the United States of foreign nationals from 26 European countries in the so-called Schengen Area, where large outbreaks of the new coronavirus that causes COVID-19 disease have been reported, went into effect.
These countries are, in alphabetical order: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland.
At a conference held today at the White House, officials added the United Kingdom and Ireland to the entry restriction, effective midnight on Monday, March 16.
President Trump announced the suspension of entry from European countries by proclamation issued Wednesday, March 11, 2020, in the wake of the COVID-19 pandemic, and as a precautionary measure to prevent the introduction of new cases of the new coronavirus into the country.
The suspension of entry affects aliens who were physically present in the 28 European countries during the 14-day period prior to entry or attempted entry into the United States and who may present a risk of COVID-19 infection.
To date, these European countries have recorded more than 44,400 cases of COVID-19 and approximately 1,800 deaths. You can view a interactive map with an update of the number of registered cases worldwide, courtesy of John Hopkins University..
The Trump administration previously suspended entry to foreign nationals from China on January 31 and to foreign nationals from Iran on February 29, 2020.
Restrictions do not apply U.S. citizens who were in those European countries. But all will have to undergo medical checks upon their return at designated airports and will have to undergo 14 days of voluntary quarantine.
Suspension of entry of foreigners coming from European countries not applicable to the following persons:
Lawful permanent residents of the United States.
2. Spouses of a U.S. citizen or lawful permanent resident.
3. Parent or legal guardian of a U.S. citizen or lawful permanent resident, provided the U.S. citizen or lawful permanent resident is unmarried and under the age of 21.
4. Siblings of a U.S. citizen or lawful permanent resident, provided both are unmarried and under the age of 21.
5. 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.
6. Foreign nationals traveling at the invitation of the U.S. Government for a purpose related to virus containment or mitigation.
7. Aliens traveling as a nonimmigrant pursuant to a C-1, D or C-1/D nonimmigrant visa as a crew member or any alien traveling to the United States as air or sea crew.
8. Aliens applying for entry or transit into the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or member of an official's immediate family), 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 entry as a nonimmigrant into one of those NATO categories); or whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement.
9. Aliens whose entry does not present a significant risk of introduction, transmission or spread of the virus, as determined by the Secretary of Health and Human Services, Centers for Disease Control and Prevention (CDC).
10. Aliens whose entry is more important to the law enforcement objectives of the United States, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation from the Attorney General or his or her designee.
11. Aliens whose entry is in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or other designees.
12. Members of the Armed Forces of the United States and their spouses and children.
Does the proclamation affect eligibility for asylum or deportation?
President Trump's proclamation also explains that "nothing in this proclamation shall be construed to affect an individual's eligibility for asylum, withholding of deportation, 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 the laws and regulations of the United States."
Below I provide you with a Google translate translation of President Trump's proclamation:
Proclamation: suspension of entry as immigrants and nonimmigrants of certain additional persons who pose a risk of transmitting the new 2019 coronavirus
Issued on: March 11, 2020
On January 31, 2020, I issued Proclamation 9984 (Suspension of entry as immigrants and nonimmigrants of persons who pose a risk of transmitting the 2019 novel coronavirus and other appropriate measures to address this risk). I found that the potential for widespread transmission of a new (novel) coronavirus (which has since been renamed "SARS-CoV-2" and causes COVID-19 disease) ("SARS-CoV-2" or "the virus") by infected persons seeking entry into the United States threatens the security of our transportation system and infrastructure and national security. Because the outbreak of the virus was at that time centered in the People's Republic of China, I suspended and limited the entry of all foreign nationals who were physically present in the People's Republic of China, excluding the Hong Kong and Macau Special Administrative Regions, 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 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 the 2019 novel coronavirus), suspending and limiting the entry of all foreign nationals who were physically present in the Islamic Republic of Iran 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 poses 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 person-to-person transmission of the virus were to occur in the United States on a large scale. Sustained person-to-person transmission has the potential to cause a cascade of public health, economic, national security, and societal consequences.
The World Health Organization has determined that several countries within the Schengen Area are experiencing sustained human-to-human transmission of SARS-CoV-2. For the purposes of this proclamation, the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and Switzerland. The Schengen Area currently has the highest number of confirmed COVID-19 cases outside of the People's Republic of China. As of March 11, 2020, the number of cases in the 26 Schengen Area countries is 17,442, with 711 deaths, and shows continued high growth in infection rates. In total, as of March 9, 2020, the Schengen Area has exported 201 cases of COVID-19 to 53 countries. In addition, the free movement of people between Schengen Area countries makes it difficult to manage the spread of the virus.
The U.S. Government is unable to effectively screen and monitor all travelers who continue to arrive from the Schengen Area. The potential for undetected transmission of the virus by infected persons seeking to enter the United States from the Schengen Area threatens the security of our transportation system and infrastructure and 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 interest of the United States to take steps to restrict and suspend entry into the United States, as immigrants or nonimmigrants. I have determined that it is in the interest 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 Schengen Area during the 14-day period prior to their entry or attempted entry into the United States. The free flow of trade between the United States and Schengen Area countries 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 USC 1182(f) and 1185(a), and section 301 of title 3, United States Code, determine that the unrestricted entry into the United States of the persons described in section 1 of this proclamation, except as provided in section 2 of this proclamation, is detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions. Therefore, I hereby proclaim as follows:
Section 1 . Suspension and limitation of entry . The entry into the United States, as immigrants or nonimmigrants, 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 is hereby suspended and limited to section 2 of this proclamation.
Seg . 2) Scope of suspension and input limitation .
(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 a 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 a 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 foreign national traveling at the invitation of the United States Government for a purpose related to virus containment or mitigation;
(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 traveling to the United States as air or sea crew;
(viii) any foreigner
(A) applying for entry into or transit through the United States pursuant to one of the following visas: A-1, A-2, C-2, C-3 (as a foreign government official or member of an official's immediate family), 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 entry as a nonimmigrant into one of those NATO categories); or
(B) whose travel is within the scope of section 11 of the United Nations Headquarters Agreement;
(ix) any alien whose entry does not pose a significant risk of introduction, transmission, or spread of the virus, as determined by the Secretary of Health and Human Services, through the Director of CDC or his designee;
(x) any alien whose entry is most important to the law enforcement objectives of the United States, 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 or her designee;
(xi) any alien whose entry is 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 an individual's eligibility for asylum, withholding of deportation, 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 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 in accordance with 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 in accordance with such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.
(b) In accordance 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 implementation of this proclamation at and among all ports of entry of the United States.
(d) An alien who circumvents the application of this proclamation by fraud, intentional 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 rescinded 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.
Seg . 5) Effective Date . This proclamation is effective at 11:59 p.m., Eastern Time, on March 13, 2020. This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed before 11:59 p.m., Eastern Time, on March 13, 2020.
Seg . 6) Severability . It is the policy of the United States to enforce this proclamation to the fullest extent possible to promote 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 of this proclamation to any person or circumstance, is held invalid, the remainder of this proclamation and the application of its provisions to 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 invalid due to the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to comply with existing requirements. law and any applicable court order.
Seg . (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 to the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget related to budgetary, administrative or legislative proposals.
(b) This proclamation shall be implemented in accordance 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 eleventh day of March, in the year of our Lord two thousand and twenty, and of the Independence of the United States of America the two hundred and forty-fourth.
DONALD J. TRUMP