Foreign nationals from Brazil, where a large outbreak of the new coronavirus causing COVID-19 has been reported, will not be able to enter the United States beginning today, May 26, 2020 at 11:59 p.m. ET, when an entry restriction order goes into effect.
President Donald J. Trump announced the suspension of entry from Brazil by proclamation issued Sunday, May 24, 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 foreign nationals who were physically in Brazil during the 14 days prior to their attempt to enter the United States - the time frame that health authorities have identified as the incubation period for the coronavirus.
The proclamation was originally to go into effect on May 28, 2020, but was amended to bring the effective date forward (effective date) to May 26, 2020.
Currently, Brazil is the country with the second highest number of people infected by the coronavirus. By Tuesday night, 391,222 positive cases and 24,512 deaths had already been reported. You can see 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 Jan. 31, 2020, to foreign nationals from Iran on Feb. 29, to foreigners from 26 European countries in the so-called Schengen Area, on March 11, 2009.and to foreigners from the United Kingdom and Ireland on March 14.
Restrictions do not apply U.S. citizens who were in Brazil. 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 from Brazil does not apply 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 Google Translate translations of President Trump's proclamation and his amendment:
Proclamation on the suspension of entry as immigrants and nonimmigrants of certain additional persons who present a risk of transmitting new coronavirus
Immigration : Issued on: May 24, 2020
In Proclamation 9994 of March 13, 2020 (declaring a national emergency related to the outbreak of new coronavirus disease (COVID-19)), declared a national emergency recognizing the threat posed by the new (new) coronavirus known as SARS-CoV-2 Our Nation's healthcare systems. It is the policy of the United States to respond to the continuing and unprecedented outbreak of COVID-19 (the disease caused by SARS-CoV-2) with all tools and resources available to the U.S. Government. In accordance with this policy, I have suspended and limited the entry of foreign nationals recently present in certain foreign jurisdictions where significant outbreaks of COVID-19 have occurred. These jurisdictions include the People's Republic of China (excluding the Hong Kong and Macau Special Administrative Regions), the Islamic Republic of Iran, the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), and the Republic of Ireland.
The Centers for Disease Control and Prevention (CDC), a component of the Department of Health and Human Services, working in close coordination with the Department of Homeland Security, has determined that the Federative Republic of Brazil is experiencing extensive and ongoing person-to-person. person-to-person transmission of SARS-CoV-2. As of May 23, 2020, the World Health Organization reported that the Federative Republic of Brazil had 310,087 confirmed cases of COVID-19, which is the third highest number of confirmed cases in the world.
The potential for undetected transmission of the virus by infected persons seeking to enter the United States from the Federative Republic of Brazil threatens the security of our transportation system and infrastructure and national security, and I have determined that it is in the interest of the United States. States should take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present in the Federative Republic of Brazil 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 the Federative Republic of Brazil 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 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. I therefore 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 in the Federative Republic of Brazil 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.
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 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 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 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 who is a member of the U.S. Armed Forces and any alien who is the spouse or child of a member of the U.S. Armed Forces.
(x) 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;
(xi) 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, upon a recommendation of the Attorney General or his or her designee; or
(xii) 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.
(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.
Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. Eastern Daylight Time on May 28, 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 Daylight Time on May 28, 2020.
Sec. 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.
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 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 the twenty-fourth day of May, 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
***
President, Amendment to the Proclamation of the President of May 24, 2020
Immigration : Issued on: May 25, 2020
By the authority vested in me as President 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, I hereby amend the Proclamation of May 24, 2020, entitled ''Suspension of entry as immigrants and nonimmigrants of certain additional persons who present a risk of Transmitting the new 2019 coronavirus'' as follows:
Section 1. Amendment. Section 5 is amended to read as follows: "Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. Eastern Daylight Time on May 26, 2020. This proclamation does not apply to persons on board a flight scheduled to arrive in the United States that departed before 11:59 p.m. Eastern Daylight Time on May 26, 2020. "
Sec. 2. 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 the twenty-fifth day of May, 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
