On March 18, 2021, the Biden administration extended ongoing journey restrictions alongside the United States-Canada and United States-Mexico land ports of entry by April 21, 2021. The restrictions, which have been beforehand set to run out on March 21, 2021, prohibit all “non-essential” journey from coming into the US to forestall the unfold of COVID-19. These restrictions have been in impact since March 21, 2020.
As outlined within the newest replace revealed within the Federal Register, the discover of restrictions “doesn’t apply to air, freight rail, or sea journey” between the US and Canada and/or Mexico. [Emphasis added.] Nevertheless, the border restrictions are nonetheless in drive for “passenger rail, passenger ferry journey, and pleasure boat journey” between the US and Canada and/or Mexico. Most significantly, journey for “work” is taken into account “important” for the needs of the restrictions.
“Important” and “Non-Important” Journey Outlined
U.S. Customs and Border Safety (CBP) defines “important journey” as the next:
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“U.S. residents and lawful everlasting residents returning to the US;
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People touring for medical functions (g., to obtain medical therapy in the US);
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People touring to attend academic establishments;
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People touring to work in the US (g., people working within the farming or agriculture trade who should journey between the US and Canada [or Mexico] in furtherance of such work);
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People touring for emergency response and public well being functions (g., authorities officers or emergency responders coming into the US to assist federal, state, native, tribal, or territorial authorities efforts to reply to COVID-19 or different emergencies);
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People engaged in lawful cross-border commerce (g., truck drivers supporting the motion of cargo between the US and Canada [or Mexico]);
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People engaged in official authorities journey or diplomatic journey;
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Members of the U.S. Armed Forces, and the spouses and youngsters of members of the U.S. Armed Forces, returning to the US; and
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People engaged in military-related journey or operations.”
Conversely, CBP defines “non-essential” journey as journey for “tourism functions (e.g., sightseeing, recreation, playing, or attending cultural occasions).” In its press launch, CBP additionally defines “non-essential” journey to incorporate visiting household and pals, coming into the US to purchase gadgets simply present in Canada or Mexico (e.g., groceries and gas), and selecting up or dropping off mail.
Impression on Employers
Vacationers looking for to enter the US for work functions, and who maintain legitimate nonimmigrant work visas (e.g., L-1s, H-1Bs, and many others.), are eligible for admission, though further screening is feasible. People who’re touring for non-work-related functions, together with dependent members of the family of these people already in the US, could expertise enhanced screening or potential denial of admission. To reiterate, these journey restrictions don’t have an effect on air journey into the US.
The journey restrictions have been in impact for over one 12 months at this level, and whereas including sure ranges of stress for varied vacationers, journey into the US from Canada and Mexico has remained comparatively fixed all through the pandemic. Nonetheless, vacationers planning to enter the US by a land crossing port of entry could wish to put together for added screening measures and questions associated to the character and function of their journey in the US. Thus far, no particular COVID-19 testing requirement has been carried out for vacationers coming into the US through land crossing, passenger ferry, or passenger rail.
In line with an order from the U.S. Facilities for Illness Management and Prevention, all worldwide air passengers 2 years of age and older coming into the US, together with U.S. residents, are required to have a adverse COVID-19 take a look at consequence or proof of restoration from the virus throughout the final 90 days. The take a look at outcomes should be from a COVID-19 take a look at taken inside three calendar days of the date of departure.
© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.Nationwide Legislation Evaluation, Quantity XI, Quantity 95
