I 
117TH CONGRESS 
1ST SESSION H. R. 4416 
To temporarily suspend the admissibility of certain persons traveling from 
countries that currently have a moderate or higher level COVID–19 
transmission. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 13, 2021 
Ms. HERRELL introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Homeland 
Security, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To temporarily suspend the admissibility of certain persons 
traveling from countries that currently have a moderate 
or higher level COVID–19 transmission. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLES. 
This Act may be cited as the ‘‘Securing the Home-
land from International Entrants with Life-threatening 
Diseases Act’’ or the ‘‘SHIELD Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) On March 20, 2020, the Centers for Dis-
ease Control and Prevention issued an order (re-
ferred to in this section as the ‘‘title 42 expulsion 
order’’) pursuant to sections 362 and 365 of the 
Public Health Service Act (42 U.S.C. 265 and 268), 
which authorizes the Surgeon General to prohibit 
the introduction of certain persons into the United 
States from countries where an outbreak of a com-
municable disease, such as the deadly COVID–19 
pandemic, exists when necessary to protect the pub-
lic health from such disease. 
(2) The title 42 expulsion order was extended 
on April 20, 2020, and later amended on May 19, 
2020, to further extend the duration of such expul-
sions, subject to monthly review. 
(3) In 2020, U.S. Border Patrol made 382,374 
title 42 expulsions to protect the United States from 
further introduction of COVID–19. 
(4) In January 2021, the Biden administration, 
acting 
‘‘swiftly 
and 
aggressively 
to 
combat 
coronavirus disease 2019’’, issued proclamations sus-
pending entry into the United States of travelers 
from the United Kingdom, the Republic of Ireland, 
South Africa, and many other countries. 
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(5) As of June 14, 2021, Mexico, Honduras, 
and Guatemala each had sufficiently high new inci-
dents of COVID–19 to receive a COVID–19 Risk 
Assessment Level 3 (high) rating by the Centers for 
Disease Control and Prevention, which is the same 
level of COVID–19 risk as many of the countries 
from which entry is suspended to travelers under the 
Biden administration proclamations, including the 
United Kingdom, the Republic of Ireland, South Af-
rica, and others. 
(6) Staggering numbers of migrants are flood-
ing across the international border between the 
United States and Mexico, resulting in a humani-
tarian, public safety, and national security crisis. 
During the first 5 months of 2021, U.S. Border Pa-
trol had more than 687,854 encounters with undocu-
mented migrants at the Southwest border, with un-
documented migrants from Mexico and the Northern 
Triangle countries accounting for 569,298 of those 
encounters, or roughly 83 percent of the total. Dur-
ing April 2021, U.S. Border Patrol encountered 
more aliens along the Southwest border than during 
any other month since 2001. 
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(7) News outlets have reported that the Biden 
administration will shortly end the necessary and ef-
fective title 42 expulsion policy. 
(8) As countries continue to pose a high risk of 
transmission of COVID–19, the Biden administra-
tion should continue to exercise the expulsion au-
thority granted under section 362 of the Public 
Health Service Act (42 U.S.C. 265) to ‘‘prevent fur-
ther spread of the disease’’. 
SEC. 3. DEFINED TERM. 
In this Act, the term ‘‘covered person’’— 
(1) except as provided in paragraph (2), means 
any person traveling to the United States from Can-
ada or Mexico (regardless of the country of origin of 
such person)— 
(A) who would be introduced into a con-
gregate setting in a land or coastal port of 
entry or U.S. Border Patrol station at or near 
the United States border with Canada or with 
Mexico; and 
(B)(i) whose country of origin— 
(I) is not categorized by the Centers 
for Disease Control and Prevention as 
COVID–19 Risk Assessment Level 1 (low); 
or 
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(i) arrive at a designated port of 
entry; and 
(ii)(I) hold valid travel documents; or 
(II) are not otherwise subject to travel 
restrictions under the visa waiver program; 
and 
(F) persons whom the Secretary of Home-
land Security (or designee) determines, based 
on an individualized assessment that considers 
the totality of the circumstances, including sig-
nificant law enforcement, officer and public 
safety, humanitarian, and public health inter-
ests, should be excluded from the definition of 
covered person under this Act. 
SEC. 4. TEMPORARY SUSPENSION OF ADMISSIBILITY OF 
COVERED PERSONS. 
During the 1-year period beginning on the date of 
the enactment of this Act, the Secretary of Homeland Se-
curity shall— 
(1) suspend the admission and parole of all cov-
ered persons into the United States; 
(2) minimize the time covered persons spend in 
a congregate setting, to the extent practicable; and 
(3) transport, or arrange for the transportation 
of, all covered persons from the United States to— 
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(A) the country from which such covered 
persons entered the United States; 
(B) the country of origin of such covered 
persons; or 
(C) another foreign location, to the extent 
practicable. 
Æ 
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