Introduction

On March 11, 2020, President Donald Trump suspended the entry of most foreign nationals who were physically present in Europe’s Schengen Area within the 14 days preceding their entry or attempted entry into the United States [PDF version]. On March 14, 2020, President Trump imposed identical suspensions of entry on foreign nationals who had been physically present in the United Kingdom, excluding its overseas territories outside of Europe, and Ireland [PDF version].

These suspensions of entry are due to the ongoing coronavirus outbreak that began in China’s Hubei Province. The European entry suspensions follow nearly identical suspensions of entry of foreign nationals who were physically present in China [see article] and Iran [see article].

In this article, we will examine the suspension of entry provisions in President Trump’s March 11 and March 14 proclamations.

Countries Affected

Before examining the restrictions, we will list the areas that are affected by the March 11 and March 14 proclamations.

The March 11 proclamation covers foreign nationals who were physically present in the Schengen Area within the 14 days preceding their entry or attempted entry into the United States. The Schengen Area is an open borders area in Europe composed of the following 26 countries:

Austria
Belgium
Czech Republic
Denmark (excluding Greenland and the Faroe Islands)
Estonia
Finland
France (excluding overseas territories)
Germany
Greece
Hungary
Iceland
Italy
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands (excluding overseas territories)
Norway (excluding Svalbard)
Poland
Portugal
Slovakia
Slovenia
Spain
Sweden
 Switzerland

The March 14 proclamation applies to the United Kingdom and the Republic of Ireland. It does not, however, apply to overseas territories of the United Kingdom.

Which Foreign Nationals From the Schengen Area, UK, and Ireland Are Affected?

As an initial matter, the proclamations only apply squarely to foreign nationals who are not already lawful permanent residents of the United States. The entry of U.S. citizens and aliens who are already lawfully admitted for permanent residence is not suspended under the proclamation.

Foreign nationals who are subject to the proclamation may not enter the United States, as immigrants or nonimmigrants, if they were physically present in the Schengen Area, the United Kingdom, or Ireland within the 14 days preceding their entry or attempted entry into the United States. These entry restrictions are based on physical presence in affected countries, not nationality. For example, a national of the United Kingdom who has not been physically present in an affected country within the 14 days preceding his or her entry or attempted entry into the United States is not covered by the proclamation. This is distinguishable, for example, from non-coronavirus entry restrictions applying to Iranian nationals rather than non-Iranian foreign nationals who were physically present in Iran [see article].

Exemptions

Not all foreign nationals who have been present in the Schengen Area, the United Kingdom, or Ireland within the 14 days preceding their entry or attempted entry are covered by the proclamation. Similarly to the entry restrictions issued on China and Iran relating to the coronavirus originating in China, there are several categories of foreign nationals whose entry into the United States is not suspended.

As we noted, lawful permanent residents are not subject to the suspension of entry, despite being foreign nationals.

Foreign national spouses of U.S. citizens or lawful permanent residents are not subject to the suspension of entry provisions.

Parents and legal guardians of U.S. citizen or lawful permanent resident children, provided such children are unmarried and under the age of 21, are not subject to the suspension of entry.

Siblings of U.S. citizens and lawful permanent residents, provided both the siblings are unmarried and under the age of 21, are not subject.

Foster children and wards of U.S. citizens and lawful permanent residents are not subject. Prospective adoptees seeking to enter the United States under the IR-4 or IH-4 visa classifications are not subject.

Members of the U.S. Armed Forces and their spouses and children are not subject to the suspension of entry.

Any alien traveling under the C1, D, or C1/D nonimmigrant classifications as a crewmember or as air or sea crew is exempt.

There are several exceptions for aliens traveling in a variety of diplomatic and foreign affairs visa categories. First, any foreign national traveling at the invitation of the U.S. Government for purposes relating to the containment or mitigation of the virus are exempt. Aliens transiting the United States in A1, A2, C2, C3, E1 (as an employee of TECRO or TECO or family members thereof), G1, G2, G3, G4, NATO-1, NATO-2, NATO-3, NATO-4, or NATO-6 are exempt. No alien whose travel falls within the scope of section 11 of the United Nations Headquarters agreement is subject to the suspension of entry.

If the Government determines that an alien’s entry would not pose a significant health risk to the United States, the alien may be allowed entry. The proclamation provides that this determination must be made by the Secretary of Health and Human Services through the Director of the Center for Disease Control. With no further guidance, this would likely apply only in special cases where U.S. Government interests are involved.

The Attorney General may recommend allowing the entry of an alien subject to the proclamations if he determines that the entry of such alien would further important United States law enforcement objectives. The Secretary of State and Secretary of Homeland Security may grant entry notwithstanding the proclamations based on this recommendation.

Finally, the entry restrictions may be waved on national interest grounds by the Secretary of State or the Secretary of Homeland Security.

Legal Authority

President Trump invoked his constitutional authority and section 212(f) of the Immigration and Nationality Act (INA) to issue the two proclamations suspending the entry of most foreign nationals who were physically present in the Schengen Area, the United Kingdom, or Ireland. Section 212(f) of the INA provides that the President may suspend the entry of any alien or aliens if he deems that their entry would be against the national interests of the United States. President Trump has used this authority not only in response to the current situation, but also for entry restrictions on countries with security or information-sharing problems [see article].

Effective Dates and Termination

The Schengen Area restrictions took effect on March 13, 2020. The United Kingdom and Ireland restrictions took effect on March 16, 2020. Both proclamations will remain in effect until they are terminated by the President. President Trump directed the Secretary of Health and Human Services to provide him with recommendations going forward on the maintenance of the proclamations. The same procedures have been in place for the continuing entry restrictions relating to physical presence in China and Iran.

Conclusion

Due to the high number of coronavirus cases in Europe, President Trump imposed entry restrictions based on physical presence in the Schengen Area, United Kingdom, and Ireland. Although different Schengen Countries have varying infection rates, President Trump imposed entry restrictions on the whole bloc in part because of the open borders between the countries. The restrictions on the United Kingdom and Ireland are based on their relatively high infection rates, similar to the restrictions on China and Iran.

Our article only covers the immigration component of the issue. Individuals seeking to return from affected countries may face other difficulties such as travel delays or screening. These individuals should exercise caution and consult relevant guidance from airliners and government agencies.

Those with questions about whether and how the entry restrictions may apply to them should consult with an experienced immigration attorney.

We will update the site with more information on immigration issues relating to the virus as it becomes available.