[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 [www.gpo.gov]
[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rescinded prior to that time.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 (who.int) (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 https://covid19.who.int/table (accessed Oct. 13, 2021).
    \6\ Id.
    \7\ See CDC, Delta Variant: What We Know About the Science, 
https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html (accessed Sept. 9, 2021). See Government of Canada, 
Coronavirus Disease (COVID-19) For Health Professionals, https://health-infobase.canada.ca/covid-19/epidemiological-summary-covid-19-cases.html#VOC (accessed Sept. 9, 2021). See Government of Mexico, 
Ministry of Health, COVID-19 National General Information, https://datos.covid-19.conacyt.mx/#DOView (accessed Aug. 16, 2021); Mexican 
Consortium of Genomic Surveillance (CoViGen-Mex), Reportes, http://mexcov2.ibt.unam.mx:8080/COVID-TRACKER/ (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  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, www.dhs.gov/news/2021/10/12/secretary-mayorkas-allow-fully-vaccinated-travelers-canada-and-mexico-enter-us-land (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--
     U.S. 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 Mexico 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 Mexico);
     Individuals engaged in official government travel or 
diplomatic travel;
     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
     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--
     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 (https://www.dhs.gov) 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]
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