Presidential Proclamation Halts Travel From Brazil Commencing May 26, 2020 At Midnight

Tarter Krinsky & Drogin LLP

On Sunday May 24, 2020, the White House issued a Presidential Proclamation (Proclamation) suspending the entry of travelers who have recently been to Brazil. This will become effective on May 26, 2020 at midnight. This travel ban is in addition to the ban currently in force for certain travelers from China, Europe, the United Kingdom, Ireland and Iran. The United States, Canada and Mexico also recently extended travel restrictions and crossing borders except in the case of "essential travel" until June 21, 2020.

The Proclamation applies to individuals present in Brazil during the 14-day period preceding entry. The Proclamation did not furnish an end date until "terminated by the President." This ban would apply to all nonimmigrant visa holders including those holding B-1/B-2, F-1/F-2, E-1/E-2, L-1/L-2, H-1/H-4, O-1A and O-1B, R-1 and other visa holders.

This travel ban will affect all foreign nationals who have physically been present in the Federative Republic of Brazil within the 14 days preceding their intended entry into the United States.

Who does the travel ban exempt?

  • The travel ban from Brazil exempts U.S. citizens and permanent residents, as well as the spouse, parent or child of a U.S. citizen or permanent resident
  • Foreign national siblings of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21
  • Foreign national children, foster children, or wards of a U.S. citizen or lawful permanent resident, or a prospective adoptee seeking entry to the United States pursuant to special visa provisions for adoptive children of U.S. citizens
  • Foreign nationals traveling at the invitation of the U.S. Government for a purpose related to containment or mitigation of the virus

* Other categories of visitors to the United States, including diplomats, crew visa holders and others, are exempt from the travel ban.

Travel restrictions do not apply to trade between the United States and Brazil. The Proclamation further notes that commercial airline flights between the United States and Brazil will not be suspended.

While all visa holders are barred from entering the United States after the effective date of the Proclamation, it does furnish instructions for those interested to apply for an "exemption" from the travel ban. The Proclamation instructs applicants to contact the nearest consulate or embassy.

The link to the Proclamation and the accompanying Q&A afterward can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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