ExecutiveOrdersEO
Proc 10143ProclamationBiden · D

Proclamation 10143

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019

This proclamation suspends entry into the United States of noncitizens who were physically present in the Schengen Area, UK, Ireland, Brazil, or South Africa during the 14 days before entry, with exceptions for lawful permanent residents, family members of citizens/residents, and other categories. It amends prior COVID-19 travel proclamations to establish a monthly review process and takes effect January 26, 2021 (for most countries) and January 30, 2021 (for South Africa).

Federal Register Open PDF 86 FR 7467

Impact dates

  1. Monthly HHS recommendations by final day of each calendar month thereafter

  2. First HHS Secretary recommendation due (no more than 30 days after proclamation date)

  3. Section 1(b) suspension effective for South Africa

  4. Section 1(a) suspension effective for Schengen Area, UK, Ireland, Brazil

Key directives

  • Suspend entry of noncitizens present in Schengen Area, UK, Ireland, Brazil during prior 14 days
  • Suspend entry of noncitizens present in South Africa during prior 14 days
  • Secretary of State to implement visa procedures in consultation with DHS Secretary
  • Secretary of Homeland Security to implement entry procedures in consultation with State
  • Secretaries of State, Transportation, and Homeland Security to prevent boarding of covered noncitizens
  • DHS Secretary to establish port of entry standards
  • DHS Secretary to prioritize removal for fraud/misrepresentation/illegal entry circumvention
  • HHS Secretary to recommend continuation/modification/termination monthly
  • Amend Proclamation 9984 and 9992 termination sections

Who is ordered

Timeline

Immediate

  • Entry suspension effective 12:01 a.m. EST January 26, 2021 for Schengen Area, UK, Ireland, Brazil
  • Entry suspension effective 12:01 a.m. EST January 30, 2021 for South Africa
  • Flight departure safe harbor for flights departing before effective times

Near term (90d)

  • First HHS Secretary recommendation due no more than 30 days after January 25, 2021 (by February 24, 2021)
  • Monthly HHS recommendations to continue/modify/terminate

Long term

  • Proclamation remains in effect until terminated by President
  • Potential indefinite continuation based on pandemic conditions

Risks & tensions

  • Continues Trump-era travel restriction architecture rather than dismantling it, despite Biden campaign rhetoric
  • Adds South Africa restriction while maintaining existing geographic coverage
  • Monthly review creates procedural regularity but no automatic sunset
  • Variant-focused justification may become outdated as variants spread globally
  • Exemption structure creates enforcement complexity at ports of entry
Proclamation 10143: Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 · Executive Orders