Tuesday, December 28, 2021

A Proclamation on Revoking Proclamation 10315

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Official White House Photo

The Biden administration today issued "A Proclamation on Revoking Proclamation 10315," which after the initial outbreak of the Omicron variant of COVID-19, imposed a travel ban from South Africa and a number of other nations   The State Department offers a capsule summary:

"On December 28, 2021, President Biden signed a Presidential Proclamation titled “A Proclamation on Revoking Proclamation 10315.” This proclamation, which will take effect at 12:01 am Eastern Standard Time on December 31, 2021, revokes Presidential Proclamation (P.P.) 10315, which suspended the entry of certain noncitizens traveling as immigrants or nonimmigrants who were physically present in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe during the 14-day period prior to their entry or attempted entry into the United States.

Pursuant to President Biden’s proclamation, as of January 1, 2022, P.P. 10315 will no longer prevent visa issuance to individuals subject to that Proclamation. Consular sections in Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe will resume routine nonimmigrant and immigrant visa services to the extent they are able. Applicants whose cases were refused solely due to their presence in a country covered by a regional COVID proclamation should contact the embassy or consulate where they made the application to request reconsideration.

. . . .

The global vaccination requirement for all adult foreign national travelers announced in Presidential Proclamation 10294 remains in effect. All non-immigrant, non-citizen air travelers to the United States are required to be fully vaccinated and provide proof of vaccination status prior to boarding an airplane to the United States. Additionally, air travelers aged two and older, regardless of nationality or vaccination status, are required to show documentation of a negative viral test result taken within one day of the flight’s departure to the United States before boarding. You must show your negative result to the airline before you board your flight. That includes all travelers – U.S. citizens, lawful permanent residents (LPRs), and foreign nationals." (bold added).

CNN reports that

"The travel restrictions had come under fire across the globe, described by United Nations Secretary General António Guterres as `travel apartheid.' Biden administration officials repeatedly defended the move as an action to give the US more time to understand the [Omicron] variant and its spread.

`The travel restrictions imposed by that proclamation are no longer necessary to protect the public health,' Biden said in the new proclamation."

KJ

https://lawprofessors.typepad.com/immigration/2021/12/a-proclamation-on-revoking-proclamation-10315.html

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