The U.S. Bans Entry of Foreign Nationals Coming From Brazil

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Faegre Drinker Biddle & Reath LLP

In accord with travel bans previously issued by President Trump against foreign nationals coming from Europe’s Schengen Area, the United Kingdom, Ireland, China and Iran, on May 24, 2020, President Trump issued a Proclamation suspending entry to the U.S. of foreign nationals who have been in Brazil in the 14-day period preceding planned entry to the U.S. The ban was originally set to be effective on Thursday, May 28, 2020 at 11:59 p.m. U.S. Eastern Time. However, on May 25, the White House advanced the effective date to Tuesday, May 26, 2020 at 11:59 p.m. U.S. Eastern Time.

This new travel ban does not apply to U.S. citizens, U.S. lawful permanent residents (those with green cards), most immediate family members of U.S. citizens and lawful permanent residents, and specific, limited categories of individuals who are identified in the Proclamation. The exemptions include:

  • any lawful permanent resident of the United States.
  • any alien who is the spouse of a U.S. citizen or lawful permanent resident.
  • 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.
  • any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21.
  • 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.
  • any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus.
  • any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew.
  • any alien
    • 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).
    • whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
  • any alien who is a member of the U.S. Armed Forces and any alien who is a spouse or child of a member of the U.S. Armed Forces.
  • any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the Centers for Disease Control and Prevention (CDC) Director or his designee.
  • any alien 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.
  • 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.

The full text of this newest travel ban can be found here. Information posted on the U.S. Embassy and Consular web pages for those offices in Brazil can be accessed 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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