Presidential Documents

7467 

Federal Register 

Vol. 86, No. 17 

Thursday, January 28, 2021 

Title 3— 

The President 

Proclamation 10143 of January 25, 2021 

Suspension of Entry as Immigrants and Nonimmigrants of 

Certain Additional Persons Who Pose a Risk of Transmitting 

Coronavirus Disease 2019 

By the President of the United States of America 

A Proclamation 

The Federal Government must act swiftly and aggressively to combat 

coronavirus disease 2019 (COVID–19). The national emergency caused by 

the COVID–19 outbreak in the United States continues to pose a grave 

threat to our health and security. As of January 20, 2021, the United States 

had experienced more than 24 million confirmed COVID–19 cases and more 

than 400,000 COVID–19 deaths. It is the policy of my Administration to 

implement science-based public health measures, across all areas of the 

Federal Government, to prevent further spread of the disease. 

The Centers for Disease Control and Prevention (CDC), within the Department 

of Health and Human Services, working in close coordination with the 

Department of Homeland Security, has determined that the Republic of 

South Africa is experiencing widespread, ongoing person-to-person transmission of SARS–CoV–2, the virus that causes COVID–19, including a variant 

strain of the virus known as B.1.351. The World Health Organization has 

reported that the Republic of South Africa has over 1,400,000 confirmed 

cases of COVID–19. Another variant strain, known as B.1.1.7, is widely 

circulating and has been traced to the United Kingdom. Furthermore, a 

third variant strain, which is known as B.1.1.28.1 and may impact the 

potential for re-infection, has been identified in Brazil. Based on developments with respect to the variants and the continued spread of the disease, 

CDC has reexamined its policies on international travel and, after reviewing 

the public health situations 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, has 

concluded that continued and further measures are required to protect the 

public health from travelers entering the United States from those jurisdictions. 

In my Executive Order of January 21, 2021, entitled ‘‘Promoting COVID– 

19 Safety in Domestic and International Travel,’’ I directed the Secretary 

of Health and Human Services, including through the Director of CDC, 

and in coordination with the Secretary of Transportation (including through 

the Administrator of the Federal Aviation Administration) and the Secretary 

of Homeland Security (including through the Administrator of the Transportation Security Administration), to further examine certain current public 

health precautions for international travel and take additional appropriate 

regulatory action, to the extent feasible and consistent with CDC guidelines 

and applicable law. 

While that review continues, and given the determination of CDC, working 

in close coordination with the Department of Homeland Security, described 

above, 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 noncitizens of the United States (‘‘noncitizens’’) who were physically present within the Schengen Area, the United 

Kingdom (excluding overseas territories outside of Europe), the Republic 

7468 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents 

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. 

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., 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. (a) The entry into the United 

States, as immigrants or nonimmigrants, of noncitizens who were physically 

present within the Schengen Area, the United Kingdom (excluding overseas 

territories outside of Europe), the Republic of Ireland, and 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 

subject to section 2 of this proclamation. 

(b) The entry into the United States, as immigrants or nonimmigrants, 

of noncitizens who were physically present within the Republic of South 

Africa 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 noncitizen national of the United States; 

(iii) any noncitizen who is the spouse of a U.S. citizen or lawful permanent 

resident; 

(iv) any noncitizen 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; 

(v) any noncitizen who is the sibling of a U.S. citizen or lawful permanent 

resident, provided that both are unmarried and under the age of 21; 

(vi) any noncitizen 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; 

(vii) any noncitizen traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus; 

(viii) any noncitizen traveling as a nonimmigrant pursuant to a C–1, D, 

or C–1/D nonimmigrant visa as a crewmember or any noncitizen otherwise 

traveling to the United States as air or sea crew; 

(ix) any noncitizen 

(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; 

Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents 7469 

(x) any noncitizen who is a member of the U.S. Armed Forces and any 

noncitizen who is a spouse or child of a member of the U.S. Armed 

Forces; 

(xi) any noncitizen 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; or 

(xii) any noncitizen 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 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 noncitizens pursuant 

to such procedures as the Secretary of Homeland Security, in consultation 

with the Secretary of State, may establish. 

(b) The Secretary of State, the Secretary of Transportation, and the Secretary 

of Homeland Security shall ensure that any noncitizen subject to this proclamation does not board an aircraft traveling to the United States, to the 

extent permitted by law. 

(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) Where a noncitizen circumvents the application of this proclamation 

through fraud, willful misrepresentation of a material fact, or illegal entry, 

the Secretary of Homeland Security shall consider prioritizing such noncitizen for removal. 

Sec. 4. Termination. This proclamation shall remain in effect until terminated 

by the President. The Secretary of Health and Human Services shall, as 

circumstances warrant and no more than 30 days after the date of this 

proclamation and by the final day of each calendar month thereafter, recommend whether the President should continue, modify, or terminate this 

proclamation. 

Sec. 5. Amendment. Section 5 of Proclamation 9984 of January 31, 2020 

(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), and section 5 of Proclamation 9992 of 

February 29, 2020 (Suspension of Entry as Immigrants and Nonimmigrants 

of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel 

Coronavirus), are each amended to read as follows: 

‘‘Sec. 5. Termination. This proclamation shall remain in effect until terminated by the President. The Secretary of Health and Human Services shall, 

as circumstances warrant and no more than 30 days after the date of the 

Proclamation of January 25, 2021, entitled ‘‘Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk 

of Transmitting Coronavirus Disease 2019,’’ and by the final day of each 

calendar month thereafter, recommend whether the President should continue, modify, or terminate this proclamation.’’ 

Sec. 6. Effective Dates. (a) The suspension and limitation on entry set forth 

in section 1(a) of this proclamation is effective at 12:01 a.m. eastern standard 

time on January 26, 2021. The suspension and limitation on entry set forth 

in section 1(a) of this proclamation does not apply to persons aboard a 

7470 Federal Register / Vol. 86, No. 17 / Thursday, January 28, 2021 / Presidential Documents 

flight scheduled to arrive in the United States that departed prior to 12:01 

a.m. eastern standard time on January 26, 2021. 

(b) The suspension and limitation on entry set forth in section 1(b) of 

this proclamation is effective at 12:01 a.m. eastern standard time on January 

30, 2021. The suspension and limitation on entry set forth in section 1(b) 

of this proclamation does not apply to persons aboard a flight scheduled 

to arrive in the United States that departed prior to 12:01 a.m. eastern 

standard time on January 30, 2021. 

Sec. 7. 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. 8. 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 twenty-fifth 

day of January, in the year of our Lord two thousand twenty-one, and 

of the Independence of the United States of America the two hundred 

and forty-fifth. 

[FR Doc. 2021–02024 

Filed 1–27–21; 11:15 am] 

Billing code 3295–F1–P 


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