Rule2021-23005
Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 21, 2021
Effective
October 22, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
This Notification announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the non- essential travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border. This Notification further announces that the Secretary intends to lift these limitations for individuals who are fully vaccinated for COVID-19 (as defined by the Centers for Disease Control and Prevention) to align with anticipated changes to international travel by air.
Full Text
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<title>Federal Register, Volume 86 Issue 201 (Thursday, October 21, 2021)</title>
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[Federal Register Volume 86, Number 201 (Thursday, October 21, 2021)]
[Rules and Regulations]
[Pages 58216-58218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23005]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel Restrictions Applicable to Land
Ports of Entry and Ferries Service Between the United States and Mexico
AGENCY: Office of the Secretary, U.S. Department of Homeland Security;
U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Notification of continuation of temporary travel restrictions.
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SUMMARY: This Notification announces the decision of the Secretary of
Homeland Security (Secretary) to continue to temporarily limit the non-
essential travel of individuals from Mexico into the United States at
land ports of entry along the United States-Mexico border. This
Notification further announces that the Secretary intends to lift these
limitations for individuals who are fully vaccinated for COVID-19 (as
defined by the Centers for Disease Control and Prevention) to align
with anticipated changes to international travel by air.
DATES: This Notification goes into effect at 12 a.m. Eastern Daylight
Time (EDT) on October 22, 2021 and will remain in effect until 11:59
p.m. Eastern Standard Time (EST) on January 21, 2022, unless amended or
rescinded prior to that time.
FOR FURTHER INFORMATION CONTACT: Stephanie Watson, Office of Field
Operations Coronavirus Coordination Cell, U.S. Customs and Border
Protection (CBP) at 202-325-0840.
[[Page 58217]]
SUPPLEMENTARY INFORMATION:
Background
On March 24, 2020, DHS published notice of its decision to
temporarily limit the travel of individuals from Mexico into the United
States at land ports of entry along the United States-Mexico border to
``essential travel,'' as further defined in that document.\1\ The
document described the developing circumstances regarding the COVID-19
pandemic and stated that, given the outbreak and continued transmission
and spread of the virus associated with COVID-19 within the United
States and globally, DHS had determined that the risk of continued
transmission and spread of the virus associated with COVID-19 between
the United States and Mexico posed a ``specific threat to human life or
national interests.'' DHS later published a series of notifications
continuing such limitations on travel until 11:59 p.m. EDT on October
21, 2021.\2\
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\1\ 85 FR 16547 (Mar. 24, 2020). That same day, DHS also
published notice of its decision to temporarily limit the travel of
individuals from Canada into the United States at land ports of
entry along the United States-Canada border to ``essential travel,''
as further defined in that document. 85 FR 16548 (Mar. 24, 2020).
\2\ See 86 FR 52609 (Sept. 22, 2021); 86 FR 46964 (Aug. 23,
2021); 86 FR 38556 (July 22, 2021); 86 FR 32764 (June 23, 2021); 86
FR 27802 (May 24, 2021); 86 FR 21188 (Apr. 22, 2021); 86 FR 14812
(Mar. 19, 2021); 86 FR 10815 (Feb. 23, 2021); 86 FR 4969 (Jan. 19,
2021); 85 FR 83432 (Dec. 22, 2020); 85 FR 74603 (Nov. 23, 2020); 85
FR 67276 (Oct. 22, 2020); 85 FR 59670 (Sept. 23, 2020); 85 FR 51634
(Aug. 21, 2020); 85 FR 44185 (July 22, 2020); 85 FR 37744 (June 24,
2020); 85 FR 31050 (May 22, 2020); 85 FR 22352 (Apr. 22, 2020). DHS
also published parallel notifications of its decisions to continue
temporarily limiting the travel of individuals from Mexico into the
United States at land ports of entry along the United States-Mexico
border to ``essential travel.'' See 86 FR 52611 (Sept. 22, 2021); 86
FR 46963 (Aug. 23, 2021); 86 FR 38554 (July 22, 2021); 86 FR 32766
(June 23, 2021); 86 FR 27800 (May 24, 2021); 86 FR 21189 (Apr. 22,
2021); 86 FR 14813 (Mar. 19, 2021); 86 FR 10816 (Feb. 23, 2021); 86
FR 4969 (Jan. 19, 2021); 85 FR 83433 (Dec. 22, 2020); 85 FR 74604
(Nov. 23, 2020); 85 FR 67275 (Oct. 22, 2020); 85 FR 59669 (Sept. 23,
2020); 85 FR 51633 (Aug. 21, 2020); 85 FR 44183 (July 22, 2020); 85
FR 37745 (June 24, 2020); 85 FR 31057 (May 22, 2020); 85 FR 22353
(Apr. 22, 2020).
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DHS continues to monitor and respond to the COVID-19 pandemic. As
of the week of October 13, 2021, there have been over 237 million
confirmed cases globally, with over 4.8 million confirmed deaths.\3\
There have been over 44.4 million confirmed and probable cases within
the United States,\4\ over 1.6 million confirmed cases in Canada,\5\
and over 3.7 million confirmed cases in Mexico.\6\ DHS also notes that
the Delta variant has driven an increase in cases, hospitalizations,
and deaths in the United States, Canada, and Mexico in recent
months.\7\
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\3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly
Epidemiological Update (Oct. 12, 2021), available at Weekly
operational update on COVID-19--12 October 2021 (<a href="http://who.int">who.int</a>) (accessed
Oct. 13, 2021).
\4\ CDC, COVID Data Tracker: United States COVID-19 Cases,
Deaths, and Laboratory Testing (NAATs) by State, Territory, and
Jurisdiction, CDC COVID Data Tracker. (accessed Oct.13, 2021).
\5\ WHO, Situation by Region, Country, Territory & Area,
available at <a href="https://covid19.who.int/table">https://covid19.who.int/table</a> (accessed Oct. 13, 2021).
\6\ Id.
\7\ See CDC, Delta Variant: What We Know About the Science,
<a href="https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html">https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html</a> (accessed Sept. 9, 2021). See Government of Canada,
Coronavirus Disease (COVID-19) For Health Professionals, <a href="https://health-infobase.canada.ca/covid-19/epidemiological-summary-covid-19-cases.html#VOC">https://health-infobase.canada.ca/covid-19/epidemiological-summary-covid-19-cases.html#VOC</a> (accessed Sept. 9, 2021). See Government of Mexico,
Ministry of Health, COVID-19 National General Information, <a href="https://datos.covid-19.conacyt.mx/#DOView">https://datos.covid-19.conacyt.mx/#DOView</a> (accessed Aug. 16, 2021); Mexican
Consortium of Genomic Surveillance (CoViGen-Mex), Reportes, <a href="http://mexcov2.ibt.unam.mx:8080/COVID-TRACKER/">http://mexcov2.ibt.unam.mx:8080/COVID-TRACKER/</a> (accessed Sept. 9, 2021).
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Notwithstanding these realities, vaccines are effective against
Delta and other known variants, protecting people from getting infected
and severely ill, as well as significantly reducing the likelihood of
hospitalization and death, according to the CDC.\8\ As such, the risks
posed by and to fully vaccinated travelers differ materially from those
posed by unvaccinated travelers. As a result, in late September, the
White House COVID-19 Response Coordinator indicated the United States
plans to revise standards and procedures for incoming international air
travel, so as to enable the air travel of fully vaccinated travelers
beginning in early November. On October 12, 2021, DHS announced that it
intends to do the same with respect to travelers crossing the land
border from Mexico and Canada, so as to align the treatment of the land
and air ports of entry and allow those who are fully vaccinated for
COVID-19 to travel to the United States for non-essential purposes.\9\
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\8\ What You Need to Know about Variants <radical> CDC (accessed
Oct. 13, 2021).
\9\ DHS Press Release, Secretary Mayorkas to Allow Fully
Vaccinated Travelers from Canada and Mexico to Enter U.S. at Land
Borders and Ferry Crossings, <a href="http://www.dhs.gov/news/2021/10/12/secretary-mayorkas-allow-fully-vaccinated-travelers-canada-and-mexico-enter-us-land">www.dhs.gov/news/2021/10/12/secretary-mayorkas-allow-fully-vaccinated-travelers-canada-and-mexico-enter-us-land</a> (last accessed Oct. 14, 2021).
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Therefore, this Notification extends the limits on non-essential
travel and also announces the Secretary's intent to lift these
restrictions for certain such individuals who are fully vaccinated.
Notice of Action
Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, I have determined that the
risk of continued transmission and spread of the virus associated with
COVID-19 between the United States and Mexico poses an ongoing
``specific threat to human life or national interests.''
In March 2020, U.S. and Mexican officials mutually determined that
non-essential travel between the United States and Mexico posed
additional risk of transmission and spread of the virus associated with
COVID-19 and placed the populace of both nations at increased risk of
contracting the virus associated with COVID-19. Given the sustained
human-to-human transmission of the virus, coupled with risks posed by
new variants, non-essential travel to the United States places the
personnel staffing land ports of entry between the United States and
Mexico, as well as the individuals traveling through these ports of
entry, at increased risk of exposure to the virus associated with
COVID-19. Accordingly, and consistent with the authority granted in 19
U.S.C. 1318(b)(1)(C) and (b)(2),\10\ I have determined that land ports
of entry along the U.S.-Mexico border will continue to suspend normal
operations and will only allow processing for entry into the United
States of those travelers engaged in ``essential travel,'' as defined
below. Given the definition of ``essential travel'' below, this
temporary alteration in land ports of entry operations should not
interrupt legitimate trade between the two nations or disrupt critical
supply chains that ensure food, fuel, medicine, and other critical
materials
[[Page 58218]]
reach individuals on both sides of the border.
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\10\ 19 U.S.C. 1318(b)(1)(C) provides that ``[n]otwithstanding
any other provision of law, the Secretary of the Treasury, when
necessary to respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific
threat to human life or national interests,'' is authorized to
``[t]ake any . . . action that may be necessary to respond directly
to the national emergency or specific threat.'' On March 1, 2003,
certain functions of the Secretary of the Treasury were transferred
to the Secretary of Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ``related to Customs revenue
functions'' were reserved to the Secretary of the Treasury. To the
extent that any authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated to the
Secretary of Homeland Security. See Treas. Dep't Order No. 100-16
(May 15, 2003), 68 FR 28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ``[n]otwithstanding any other provision of
law, the Commissioner of U.S. Customs and Border Protection, when
necessary to respond to a specific threat to human life or national
interests, is authorized to close temporarily any Customs office or
port of entry or take any other lesser action that may be necessary
to respond to the specific threat.'' Congress has vested in the
Secretary of Homeland Security the ``functions of all officers,
employees, and organizational units of the Department,'' including
the Commissioner of CBP. 6 U.S.C. 112(a)(3).
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For purposes of the temporary alteration in certain designated
ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and
(b)(2), travel through the land ports of entry and ferry terminals
along the United States-Mexico border shall be limited to ``essential
travel,'' which includes, but is not limited to--
<bullet> U.S. citizens and lawful permanent residents returning to
the United States;
<bullet> Individuals traveling for medical purposes (e.g., to
receive medical treatment in the United States);
<bullet> Individuals traveling to attend educational institutions;
<bullet> 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 Mexico in furtherance of such
work);
<bullet> 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);
<bullet> Individuals engaged in lawful cross-border trade (e.g.,
truck drivers supporting the movement of cargo between the United
States and Mexico);
<bullet> Individuals engaged in official government travel or
diplomatic travel;
<bullet> Members of the U.S. Armed Forces, and the spouses and
children of members of the U.S. Armed Forces, returning to the United
States; and
<bullet> Individuals engaged in military-related travel or
operations.
The following travel does not fall within the definition of
``essential travel'' for purposes of this Notification--
<bullet> Individuals traveling for tourism purposes (e.g.,
sightseeing, recreation, gambling, or attending cultural events).
At this time, this Notification does not apply to air, freight
rail, or sea travel between the United States and Mexico, but does
apply to passenger rail, passenger ferry travel, and pleasure boat
travel between the United States and Mexico. These restrictions are
temporary in nature and shall remain in effect until 11:59 p.m. EST on
January 21, 2022. These restrictions also can be modified by the
Secretary at any point prior to January 21, 2022 to allow non-essential
travel through land ports of entry and ferry terminals for individuals
who are fully vaccinated and have appropriate proof of vaccination. Any
such modifications to the restrictions will be accomplished via a
posting o to the DHS website (<a href="https://www.dhs.gov">https://www.dhs.gov</a>) and followed by a
publication in the Federal Register. Moreover, this Notification may be
amended or rescinded prior to that time, based on circumstances
associated with the specific threat.
The CBP Commissioner is hereby directed to prepare and distribute
appropriate guidance to CBP personnel on the continued implementation
of the temporary measures set forth in this Notification including any
appropriate procedures regarding the lifting of restrictions for fully
vaccinated travelers. The CBP Commissioner may determine that other
forms of travel, such as travel in furtherance of economic stability or
social order, constitute ``essential travel'' under this Notification.
Further, the CBP Commissioner may, on an individualized basis and for
humanitarian reasons or for other purposes in the national interest,
permit the processing of travelers to the United States not engaged in
``essential travel.''
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-23005 Filed 10-20-21; 8:45 am]
BILLING CODE 9112-FP-P
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</html>Indexed from Federal Register on October 21, 2021.
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