Note: On April 21, 2020, United States Customs and Border Protection (USCBP) extended the travel restrictions along the Canada-US Border and Canada-Mexican Border until May 20, 2020. On May 21, 2020, USCBP again extended the travel restrictions along the Canada-US Border and the Canada-Mexico Border until June 22, 2020. On both occasions, the existing travel restrictions were extended without change.

We previously reported that the United States had imposed restrictions on air travel (Air Travel Ban). The Air Travel Ban prohibits foreign nationals who have been physically present in a designated country/region (i.e., China, Iran, the Schengen Area, the United Kingdom, or Ireland) within the last 14 days from travelling to the United States.

The Air Travel Ban was implemented by means of four Presidential Proclamations. The first one (relating to China) was signed on January 31, 2020, and the most recent one (relating to the United Kingdom and Ireland) was signed on March 14, 2020. The four Presidential Proclamations will remain in effect until terminated by the President of the United States.

Following the implementation of the Air Travel Ban, the United States also announced travel restrictions along the US-Canada and US-Mexico borders (Land Travel Ban). The Land Travel Ban became effective at 11:59 p.m. Eastern Daylight Time (EDT) on March 20, 2020; it will remain in effect until 11:59 p.m. EDT on April 20, 2020.

Although the Land Travel Ban became effective on March 20, 2020, formal notices were not published in the Federal Register until March 24, 2020. The US Customs and Border Protection (USCBP) notices relating to the US-Canada border and the US-Mexico border (collectively, the USCBP Notices) are now publically available. The USCBP Notices for Canada and Mexico are identical. 

The USCBP Notices confirm that the Land Travel Ban does not apply to air travel (which means that the existing Air Travel Ban remains unchanged), freight rail, or sea travel. However, it does apply to passenger rail and ferry travel. 

The USCBP Notices state that travel through the land ports of entry and ferry terminals along the US-Canada border and US-Mexico border shall be limited to “essential travel,” which includes, but is not limited to the following:

• US citizens and lawful permanent residents returning to the United States;
• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);
• Individuals traveling to attend educational institutions;
• Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Canada in furtherance of such work);
• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support Federal, state, local, tribal, or territorial government efforts to respond to COVID-19 or other emergencies);
• Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada);
• Individuals engaged in official government travel or diplomatic travel;
• Members of the US Armed Forces, and the spouses and children of members of the US Armed Forces, returning to the United States; and
• Individuals engaged in military-related travel or operations.

The USCBP Notices also confirm that travel for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events) will not be considered essential travel. 

The language of the USCBP Notices make clear that this is not intended to be an exhaustive list. As a result, USCBP officers will have a great deal of discretion to assess whether other situations, which do not already appear on the above list, also qualify as essential travel.

The scope of some of the above exceptions is also subject to some interpretation. For example, foreign nationals who are entering the United States in order to resume their employment or academic study are clearly included in the definition of essential travel. However, it is not yet clear whether applicants who are making their initial entry as a worker or student will be allowed to cross the border.

Some ports of entry have confirmed that (unless directed otherwise) they will continue to adjudicate applications/petitions for TN status (applicable to Canadian and Mexican citizens) and L-1 status (applicable to Canadian citizens only). However, other ports of entry have indicated that they are waiting on guidance from USCBP Headquarters. Hopefully, these outstanding issues will be resolved once USCBP Headquarters issues more detailed guidance on the Land Travel Ban.

For more information, please contact Henry J. Chang of Dentons’ Immigration group.