[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24041-24048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08741]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Chapter I

RIN 1601-ZA21


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.

[[Page 24042]]

Customs and Border Protection, U.S. Department of Homeland Security.

ACTION: Notification of temporary travel restrictions.

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SUMMARY: This Notification announces the decision of the Secretary of 
Homeland Security (``Secretary''), after consulting with interagency 
partners, to continue to temporarily restrict travel by certain 
noncitizens into the United States at land ports of entry, including 
ferry terminals, (``land POEs'') along the United States-Mexico border. 
These restrictions only apply to noncitizens who are neither U.S. 
nationals nor lawful permanent residents (``noncitizen non-LPRs''). 
Under the temporary restrictions, DHS will allow the processing for 
entry into the United States of only those noncitizen non-LPRs who are 
fully vaccinated against COVID-19 and can provide proof of being fully 
vaccinated against COVID-19 upon request at arrival. According to the 
Centers for Disease Control and Prevention (``CDC''), vaccines remain 
the most effective public health measure to protect people from severe 
illness or death from COVID-19, slow the transmission of COVID-19, and 
reduce the likelihood of new COVID-19 variants emerging. These 
restrictions help protect the health and safety of both the personnel 
at the border and other travelers, as well as U.S. destination 
communities. These restrictions provide for limited exceptions, largely 
consistent with the limited exceptions currently available with respect 
to COVID-19 vaccination in the international air travel context.

DATES: These restrictions will become effective at 12:00 a.m. Eastern 
Daylight Time (EDT) on April 22, 2022, and may be amended or rescinded 
at any time, including to conform these restrictions to any intervening 
changes in Presidential Proclamation 10294 and implementing CDC orders 
and consistent with the requirements of 19 U.S.C. 1318.

FOR FURTHER INFORMATION CONTACT: Greta Campos, Office of Field 
Operations, U.S. Customs and Border Protection (CBP), 202-344-2775.

SUPPLEMENTARY INFORMATION:

Background

    On March 24, 2020, the Department of Homeland Security (``DHS'') 
published a Notification of its decision to temporarily limit the 
travel of certain noncitizen non-LPRs into the United States at land 
POEs along the United States-Mexico border to ``essential travel,'' as 
further defined in that document.\1\ The March 24, 2020 Notification 
described the developing circumstances regarding the COVID-19 pandemic 
and stated that, given the outbreak, 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. Under the March 24, 2020 Notification, DHS continued to 
allow certain categories of travel, described as ``essential travel.'' 
Essential travel included travel to attend educational institutions, 
travel to work in the United States, travel for emergency response and 
public health purposes, and travel for lawful cross-border trade. 
Essential travel also included travel by U.S. citizens and lawful 
permanent residents returning to the United States.
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    \1\ 85 FR 16547 (Mar. 24, 2020). That same day, DHS also 
published a Notification of its decision to temporarily limit the 
travel of certain noncitizen non-LPR persons into the United States 
at land POEs along the United States-Canada border to ``essential 
travel,'' as further defined in that document. 85 FR 16548 (Mar. 24, 
2020).
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    From March 2020 through October 2021, in consultation with 
interagency partners, DHS reevaluated and ultimately extended the 
restrictions on non-essential travel each month. On October 21, 2021, 
DHS extended the restrictions until 11:59 p.m. EST on January 21, 
2022.\2\ In that document, DHS acknowledged that notwithstanding the 
continuing threat to human life or national interests posed by COVID-
19--as well as then-recent increases in case levels, hospitalizations, 
and deaths due to the Delta variant--COVID-19 vaccines are effective 
against Delta and other known COVID-19 variants. These vaccines protect 
people from becoming infected with and severely ill from COVID-19 and 
significantly reduce the likelihood of hospitalization and death. DHS 
also acknowledged the White House COVID-19 Response Coordinator's 
September 2021 announcement regarding the United States' plans to 
revise standards and procedures for incoming international air travel 
to enable the air travel of travelers fully vaccinated against COVID-19 
beginning in early November 2021.\3\ DHS further stated that the 
Secretary intended to do the same with respect to certain travelers 
seeking to enter the United States from Mexico and Canada at land POEs 
to align the treatment of different types of travel and allow those who 
are fully vaccinated against COVID-19 to travel to the United States, 
whether for essential or non-essential reasons.\4\
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    \2\ See 86 FR 58216 (Oct. 21, 2021) (extending restrictions for 
the United States-Mexico border); 86 FR 58218 (Oct. 21, 2021) 
(extending restrictions for the United States-Canada border).
    \3\ See Press Briefing by Press Secretary Jen Psaki (Sept. 20, 
2021), https://www.whitehouse.gov/briefing-room/press-briefings/2021/09/20/press-briefing-by-press-secretary-jen-psaki-september-20-2021/ (``As was announced in a call earlier today . . . [w]e -- 
starting in . . . early November [will] be putting in place strict 
protocols to prevent the spread of COVID-19 from passengers flying 
internationally into the United States by requiring that adult 
foreign nationals traveling to the United States be fully 
vaccinated.'').
    \4\ See 86 FR 58218; 86 FR 58216.
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    On October 29, 2021, following additional announcements regarding 
changes to the international air travel policy by the President of the 
United States and CDC,\5\ DHS announced that beginning November 8, 
2021, non-essential travel of noncitizen non-LPRs would be permitted 
through land POEs, provided that the traveler is fully vaccinated 
against COVID-19 and can provide proof of full COVID-19 vaccination 
status upon request.\6\ DHS also announced in October 2021 that 
beginning in January 2022, inbound noncitizen non-LPRs traveling to the 
United States via land POEs--whether for essential or non-essential 
reasons--would be required to be fully vaccinated against COVID-19 and 
provide proof of full COVID-19 vaccination status. In making this 
announcement, the Department provided fair notification of the 
anticipated changes, thereby allowing ample time for noncitizen non-LPR 
essential travelers to get fully vaccinated against COVID-19.\7\
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    \5\ Changes to requirements for travel by air were implemented 
by, inter alia, Presidential Proclamation 10294 of October 25, 2021, 
86 FR 59603 (Oct. 28, 2021) (``Presidential Proclamation 10294''), 
and a related CDC order, 86 FR 61224 (Nov. 5, 2021) (``CDC Order''). 
See also CDC, Requirement for Proof of Negative COVID-19 Test or 
Recovery from COVID-19 for All Air Passengers Arriving in the United 
States, https://www.cdc.gov/quarantine/pdf/Global-Testing-Order-10-25-21-p.pdf (Oct. 25, 2021); Requirement for Airlines and Operators 
to Collect Contact Information for All Passengers Arriving into the 
United States, https://www.cdc.gov/quarantine/pdf/CDC-Global-Contact-Tracing-Order-10-25-2021-p.pdf (Oct. 25, 2021). CDC later 
amended its testing order following developments related to the 
Omicron variant. See CDC, Requirement for Proof of Negative COVID-19 
Test Result or Recovery from COVID-19 for All Airline Passengers 
Arriving into the United States, https://www.cdc.gov/quarantine/pdf/Amended-Global-Testing-Order_12-02-2021-p.pdf (Dec. 2, 2021).
    \6\ See 86 FR 72843 (Dec. 23, 2021) (describing the announcement 
with respect to Mexico); 86 FR 72842 (Dec. 23, 2021) (describing the 
announcement with respect to Canada).
    \7\ See DHS, DHS Releases Details for Fully Vaccinated, Non-
Citizen Travelers to Enter the U.S. at Land and Ferry Border 
Crossings, https://www.dhs.gov/news/2021/10/29/dhs-releases-details-fully-vaccinated-non-citizen-travelers-enter-us-land-and-ferry (Oct. 
29, 2021); DHS, Fact Sheet: Guidance for Travelers to Enter the U.S. 
at Land Ports of Entry and Ferry Terminals, https://www.dhs.gov/news/2021/10/29/fact-sheet-guidance-travelers-enter-us-land-ports-entry-and-ferry-terminals (updated Jan. 20, 2022); see also DHS, 
Frequently Asked Questions: Guidance for Travelers to Enter the 
U.S., https://www.dhs.gov/news/2021/10/29/frequently-asked-questions-guidance-travelers-enter-us (updated Jan. 20, 2022).

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[[Page 24043]]

    On December 14, 2021, at DHS's request, CDC provided a memorandum 
to DHS describing the current status of the COVID-19 public health 
emergency. The CDC memorandum warned of ``case counts and deaths due to 
COVID-19 continuing to increase around the globe and the emergence of 
new and concerning variants,'' and emphasized that ``[v]accination is 
the single most important measure for reducing risk for SARS-CoV-2 
transmission and avoiding severe illness, hospitalization, and death.'' 
\8\ Consistent with these considerations and in line with DHS's October 
2021 announcement, CDC recommended that proof of COVID-19 vaccination 
requirements be expanded to cover both essential and non-essential 
noncitizen non-LPR travelers.
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    \8\ See Memorandum from CDC to CBP re Public Health 
Recommendation for Proof of COVID-19 Vaccination at U.S. Land 
Borders (Dec. 14, 2021).
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    In support of this conclusion, CDC cited studies indicating that 
individuals vaccinated against COVID-19 are five times less likely to 
be infected with COVID-19 and more than eight times less likely to 
require hospitalization than those who are unvaccinated. Conversely, 
unvaccinated people are 14 times more likely to die from COVID-19 than 
those who are vaccinated.\9\ Per CDC, ``proof of vaccination of 
travelers helps protect the health and safety of both the personnel at 
the border and other travelers, as well as U.S. destination 
communities. Border security and transportation security work is part 
of the Nation's critical infrastructure and presents unique challenges 
for ensuring the health and safety of personnel and travelers.'' \10\ 
In a January 14, 2022 update, CDC confirmed its prior recommendation. 
Specifically, CDC noted the ``rapid increase'' of COVID-19 cases across 
the United States that have contributed to high levels of community 
transmission and increased rates of new hospitalizations and deaths. 
According to CDC, between January 5 and January 11, 2022, the seven-day 
average for new hospital admissions of patients with confirmed COVID-19 
increased by 24 percent over the prior week, and the seven-day average 
for new COVID-19-related deaths rose to 2,991, an increase of 33.7 
percent compared to the prior week. CDC emphasized that this increase 
had exacerbated the strain on the United States' healthcare system and 
again urged that ``[v]accination of the broadest number of people best 
protects all individuals and preserves the United States' critical 
infrastructure, including healthcare systems and essential workforce.'' 
CDC thus urged ``the most comprehensive requirements possible for proof 
of vaccination'' and specifically recommended against exceptions to 
travel restrictions for specific worker categories as a public health 
matter.\11\
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    \9\ Id.
    \10\ Id.
    \11\ Memorandum from CDC to CBP re Public Health Recommendation 
for Proof of COVID-19 Vaccination at U.S. Land Borders--Addendum 
(Jan. 18, 2022).
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    Given these recommendations, and after consultation with 
interagency partners and consideration of all relevant factors, 
including economic considerations, DHS announced the decision of the 
Secretary to temporarily restrict travel by noncitizen non-LPRs into 
the United States at land POEs along the United States-Mexico border by 
requiring proof of COVID-19 vaccination upon request at arrival.\12\ 
This requirement was put in place at 12:00 a.m. EST on January 22, 2022 
and will remain in effect until 11:59 p.m. EDT on April 21, 2022, 
unless amended or rescinded prior to that time.
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    \12\ See 87 FR 3425 (Jan. 24, 2022); 87 FR 3429 (Jan. 24, 2022) 
(parallel Canada notification).
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CDC's Public Health Assessment and Recommendation To Continue COVID-19 
Vaccination Requirement for Entry of Noncitizen Non-LPR Travelers

    In considering whether to extend the travel restrictions, DHS 
solicited, and CDC provided to DHS, an updated public health assessment 
and recommendations regarding the DHS requirement for noncitizen non-
LPRs to be fully vaccinated and to provide proof of COVID-19 
vaccination for entry at land POEs. CDC sent a memorandum to the 
Commissioner of U.S. Customs and Border Protection on March 21, 2022 
with its recommendations.\13\ CDC reiterated that vaccination protects 
the public from severe illness, including deaths and 
hospitalizations.\14\ Of note, a recent CDC study found that, for those 
people hospitalized with COVID-19, severe outcomes, as measured by 
length of hospital stay and number of intensive care unit stays, 
appeared lower at the time when the Omicron variant was initially 
surging than during previous periods of high transmission associated 
with previous variants--something that CDC attributed in part to wider 
vaccination coverage and up-to-date boosters.\15\ This is consistent 
with CDC's assessment that vaccines remain the most effective public 
health measure to protect people from severe illness or death from 
COVID-19, slow transmission of COVID-19, and reduce the likelihood of 
new COVID-19 variants emerging.\16\
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    \13\ See Memorandum from CDC to CBP, Update: Public Health 
Recommendation for Proof of COVID-19 Vaccination at U.S. Land 
Borders under Title 19 (March 21, 2022).
    \14\ See Memorandum from CDC to CBP (March 21, 2022).
    \15\ COVID Data Tracker Weekly Review: Interpretive Summary for 
February 11, 2022, Centers for Disease Control and Prevention, 
https://www.cdc.gov/coronavirus/2019-ncov/covid-data/covidview/past-reports/02112022.html (Feb. 11, 2022); see Memorandum from CDC to 
CBP (March 21, 2022).
    \16\ COVID-19 Vaccines Work, December 23, 2021. https://www.cdc.gov/coronavirus/2019-ncov/vaccines/effectiveness/work.html 
(accessed March. 22, 2022).
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    CDC also noted that the U.S. Government's actions and guidance in 
response to COVID-19 have evolved over the course of the pandemic as 
more scientific information has become available. During earlier phases 
of the pandemic, pharmaceutical interventions were unavailable, and the 
United States had to instead rely on largely nonpharmaceutical 
interventions, including limits on gatherings and school closures, 
masking, and testing. Expanded epidemiologic data, advances in 
scientific knowledge, and the availability of pharmaceutical 
interventions (both vaccines and effective treatments), however, have 
permitted many of those early actions to be dialed back in favor of a 
more nuanced and narrowly tailored set of tools that provide a less 
burdensome means of preventing and controlling COVID-19. In CDC's 
judgment, maintaining high vaccination coverage is essential to 
sustaining the use of less burdensome measures. To ensure sustained 
vaccine coverage, CDC recommends continuing both domestic efforts to 
increase vaccine uptake (primary series and booster doses) among U.S. 
residents and measures to ensure high rates of vaccination coverage 
among persons entering the United States.\17\
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    \17\ See Memorandum from CDC to CBP (March 21, 2022).
    \18\ Id.
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    Echoing prior assessments, CDC's March 21, 2022 recommendation 
``encourages continued implementation of comprehensive requirements for 
proof of vaccination for all [noncitizen non-LPRs] seeking entry into 
the United States,'' whether by land or by air.\18\ CDC also once again 
recommended a ``comprehensive'' proof-of-vaccination

[[Page 24044]]

requirement and recommended against ``further exceptions for specific 
worker categories at this time,'' as global vaccination rates continue 
to rise.\19\
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    \19\ See id.
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    Of particular importance to this analysis, COVID-19 vaccines--which 
according to CDC are ``the single most important measure'' for 
responding to COVID-19 \20\--are widely available and have been 
increasingly available for months. As of April 8, 2022, in Canada, 
81.39 percent of the entire population was fully vaccinated against 
COVID-19, while 85.59 percent of individuals five years and older are 
fully vaccinated against COVID-19.\21\ According to the U.S. Department 
of State, as of March 28, 2022, Mexico administered at least one 
vaccine dose to 85.5 million people (90 percent of the adult target 
population) and fully vaccinated 79.6 million (87.8 percent of the 
adult target population). Approximately 61.8 percent of Mexico's total 
population is fully vaccinated.
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    \20\ See Memorandum from CDC to CBP (Dec. 14, 2021).
    \21\ Canadian statistics may be found at: https://health-infobase.canada.ca/covid-19/vaccination-coverage/ (accessed Apr. 17, 
2022).
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    On April 14, 2022, DHS asked CDC whether CDC's March 21, 2022 
recommendations had changed over the preceding three weeks. CDC 
responded that its recommendations had not changed. CDC had reviewed 
the available data and concluded that its recommendations remain the 
same. CDC wrote that it ``encourages continued implementation of 
comprehensive requirements for proof of vaccination for all [noncitizen 
non-LPRs] seeking entry into the United States for travel or commerce, 
whether by land or by air. Doing so will help maintain high vaccination 
coverage across the United States, which is essential to sustaining the 
advances we have made thus far and have allowed some early actions to 
be revised. CDC does not recommend further exceptions for specific 
worker categories at this time.'' \22\
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    \22\ See Memorandum from CDC to CBP, Update: Public Health 
Recommendation for Proof of COVID-19 Vaccination at U.S. Land 
Borders under Title 19 (Apr. 14, 2022).
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Analysis of Temporary Travel Restrictions Under 19 U.S.C. 1318

    DHS has consulted with interagency partners, taking into account 
relevant factors, including the above-mentioned CDC public health 
assessment, economic considerations, and operational impacts,\23\ and 
concludes that a broad COVID-19 vaccination requirement at land POEs 
remains necessary and appropriate. In reaching this conclusion, DHS 
also reviewed a range of concerns, including those related to potential 
impacts on employers seeking H-2A temporary agricultural workers and 
entities that employ or rely on long-haul truck drivers engaged in 
cross-border transportation of goods. After careful review, DHS has 
determined not to provide industry-specific exceptions for the 
following two key reasons: (1) Workers engaged in trucking and 
agriculture continue to present a public health risk if not vaccinated; 
and (2) the vaccination requirement that has been in place since 
January 22, 2022 has not materially disrupted cross-border economic 
activity, according to data analysis that included input from DHS and 
other federal agencies.
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    \23\ Consistent with its assessment in January, CBP continues to 
assess that a testing option is not operationally feasible given the 
significant number of land border crossers that go back and forth on 
a daily or near-daily basis, for work or school. A negative COVID-19 
test requirement would mean that such individuals would have to get 
tested just about every day. This is not currently feasible, given 
the cost and supply constraints, particularly in smaller rural 
locations. Further, CBP reports additional operational challenges 
associated with verifying test results, given the wide variation in 
documentation.
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    First, even if particular workers do not engage in extended 
interaction with others, they still engage in activities that involve 
contact with others, thereby increasing the risk of being infected and 
spreading COVID-19. It is for this reason, and because vaccines are 
widely available, that as a public health matter, CDC once again did 
not recommend further exceptions for specific worker categories at this 
time.\24\ Such workers also may enter the United States after 
contracting COVID-19 elsewhere, become seriously ill after arrival, and 
require hospitalization and use of limited healthcare resources as a 
result. A COVID-19 vaccination requirement at land POEs helps protect 
the health and safety of personnel at the border, other travelers, and 
the U.S. communities where these persons may be traveling and spending 
time among members of the public. Such a requirement also reduces 
potential burdens on local healthcare resources in U.S. communities.
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    \24\ See Memorandum from CDC to CBP (Mar. 21, 2022).
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    Second, DHS data, as well as that provided by other federal 
agencies, does not indicate a material disruption to cross-border 
economic activity and movement resulting from the vaccination 
requirement imposed in January 2022, including among temporary 
agriculture workers and commercial truck drivers. In fact, there has 
been an increase, not decrease, in the number of H-2A nonimmigrant 
workers admitted to the United States as compared to last year. While 
it is possible that there are individual-level effects on a subset of 
workers who are not fully vaccinated or their current or prospective 
employers, such impacts appear marginal based on the aggregate data.
    As shown in Figure 1 (where the vertical line represents the date 
the vaccination requirement for noncitizen non-LPRs went into full 
effect), H-2A admissions this fiscal year generally track seasonal 
patterns, which have reflected a longer-term increase in H-2A 
admissions since 2019, as shown in Figure 2. In fact, as stated above, 
H-2A admissions were generally higher between January 22, 2022 and 
March 31, 2022 when the COVID-19 vaccination requirement has been in 
place, as compared to H-2A admission numbers for the same time in 2021.

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[GRAPHIC] [TIFF OMITTED] TR22AP22.009

[GRAPHIC] [TIFF OMITTED] TR22AP22.010

    Likewise, there was no significant decrease in border crossings by 
commercial truck following the vaccination requirement that went into 
effect on January 22, 2022. Figures 3 and 4 cover the months before the 
new

[[Page 24046]]

vaccination requirement was implemented as well as the months when the 
new vaccination requirement was implemented. This data shows regular 
fluctuations generally consistent with what is seen in data for the 
same time in Fiscal Year 2021 and in the months in 2022 before the new 
vaccination requirement went into effect. And while the aggregate 
number of commercial trucks entering the United States from Canada in 
2022 is lower than 2021, this initial decrease predates the 
implementation of the new vaccination requirement on January 22, 2022, 
and is not mirrored on the Southern border, where commercial truck 
traffic appears to have slightly increased in 2022.
[GRAPHIC] [TIFF OMITTED] TR22AP22.011

[GRAPHIC] [TIFF OMITTED] TR22AP22.012


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BILLING CODE 9112-FP-C
    DHS, in consultation with interagency partners, also has considered 
the operational effect of these requirements. In the January 2022 
Notification, DHS projected minimal short-term operational impact. The 
relevant data that DHS and other federal agency partners have analyzed 
indicate that these projections were accurate. DHS has closely 
monitored wait times at land POEs, examined cross-border movement, and 
analyzed available data on border crossings since the vaccination 
requirement went into effect at land POEs on January 22, 2022, and has 
observed very minimal operational disruptions. As travelers become more 
familiar with the vaccination requirement and vaccination rates 
continue to increase globally, DHS projects any operational impacts to 
further diminish.
    Based on the foregoing analysis and CDC recommendations, with this 
Notification, DHS will continue to align COVID-19 travel restrictions 
applicable to land POEs with those that apply to incoming international 
air travel,\25\ ensuring more consistent application of COVID-19 
vaccination requirements across travel domains. As a result, with 
limited exception, all noncitizen non-LPRs will be required, upon 
request, to show proof of full vaccination against COVID-19 to enter 
the United States.
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    \25\ See Presidential Proclamation 10294, supra, at n.5.
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Notice of Action

    Following consultation with CDC and other interagency partners, and 
after having considered and weighed the relevant factors, 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.'' Accordingly, and consistent with the authority granted in 
19 U.S.C. 1318(b)(1)(C) and (b)(2),\26\ I have determined, in 
consultation with CDC and other interagency partners, that it is 
necessary to respond to the ongoing threat at land POEs along the 
United States-Mexico border by allowing the processing of travelers to 
the United States for only those noncitizen non-LPRs who are ``fully 
vaccinated against COVID-19'' and can provide ``proof of being fully 
vaccinated against COVID-19'' upon request, as those terms are defined 
under Presidential Proclamation 10294 and CDC's implementing Order 
(``CDC Order'').\27\ This action does not apply to U.S. citizens, U.S. 
nationals, lawful permanent residents of the United States, or American 
Indians who have a right by statute to pass the borders of, or enter 
into, the United States. In addition, I hereby authorize exceptions to 
these restrictions for the following categories of noncitizen non-LPRs: 
\28\
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    \26\ 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).
    \27\ 86 FR 61224 (Nov. 05, 2021).
    \28\ The exceptions to this temporary restriction are generally 
aligned with those outlined in Presidential Proclamation 10294 and 
further described in the CDC Order, with modifications to account 
for the unique nature of land border operations where advance 
passenger information is largely not available.
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     Certain categories of persons on diplomatic or official 
foreign government travel as specified in the CDC Order;
     persons under 18 years of age;
     certain participants in certain COVID-19 vaccine trials as 
specified in the CDC Order;
     persons with medical contraindications to receiving a 
COVID-19 vaccine as specified in the CDC Order;
     persons issued a humanitarian or emergency exception by 
the Secretary of Homeland Security;
     persons with valid nonimmigrant visas (excluding B-1 
[business] or B-2 [tourism] visas) who are citizens of a country with 
limited COVID-19 vaccine availability, as specified in the CDC Order;
     members of the U.S. Armed Forces or their spouses or 
children (under 18 years of age) as specified in the CDC Order; and,
     persons whose entry would be in the U.S. national 
interest, as determined by the Secretary of Homeland Security.
    In administering such exceptions, DHS will not require the Covered 
Individual Attestation currently in use by CDC for noncitizen non-LPRs 
seeking to enter the United States by air travel, or similar form, but 
DHS may, in its discretion, require any person invoking an exception to 
this requirement to provide proof of eligibility consistent with 
documentation requirements outlined in CDC's Technical 
Instructions.\29\
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    \29\ CDC, Technical Instructions for Implementing Presidential 
Proclamation Advancing the Safe Resumption of Global Travel During 
the COVID-19 Pandemic and CDC's Order, https://www.cdc.gov/quarantine/order-safe-travel/technical-instructions.html (last 
reviewed Mar. 3, 2022).
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    This Notification does not apply to air or sea travel (except 
ferries and pleasure craft) between the United States and Mexico. This 
Notification does apply to passenger/freight rail, passenger ferry 
travel, and pleasure boat travel between the United States and Mexico. 
These restrictions address temporary conditions and may be amended or 
rescinded at any time, including to conform these restrictions to any 
intervening changes in Presidential Proclamation 10294 and implementing 
CDC orders and consistent with the requirements of 19 U.S.C. 1318.\30\ 
In conjunction with interagency partners, DHS will closely monitor the 
effect of the requirements discussed herein, and the Secretary will, as 
needed and warranted, exercise relevant authority in support of the 
U.S. national interest.
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    \30\ Although past notifications of this type have sunset on 
dates certain, DHS has determined, in light of the analysis above, 
to instead engage in regular reviews of this policy, guided by 
public health data and other relevant inputs. In determining whether 
and when to lift the requirements imposed under this notification, 
DHS anticipates that it will take account of whether Presidential 
Proclamation 10294 remains in effect, among all relevant factors, 
consistent with the requirements of 19 U.S.C. 1318. DHS anticipates 
lifting the requirements imposed under this notification no later 
than when Presidential Proclamation 10294 is revoked.
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    I intend for this Notification and the restrictions discussed 
herein to be given effect to the fullest extent allowed by law. In the 
event that a court of competent jurisdiction stays, enjoins, or sets 
aside any aspect of this action, on its face or with respect to any 
person, entity, or class thereof, any portion of this action not 
determined by the court to be invalid or unenforceable should otherwise 
remain in effect for the duration stated above.
    This action is not a rule subject to notice and comment under the 
Administrative Procedure Act. It is exempt from notice and comment 
requirements because it concerns ongoing discussions with Canada and

[[Page 24048]]

Mexico on how best to control COVID-19 transmission over our shared 
borders and therefore directly ``involve[s] . . . a . . . foreign 
affairs function of the United States.'' Even if this action were 
subject to notice and comment, there is good cause to dispense with 
prior public notice and the opportunity to comment. Given the ongoing 
public health emergency caused by COVID-19, including the rapidly 
evolving circumstances associated with fluctuating rates of infection 
due to the Omicron variant and other potential future variants, it 
would be impracticable and contrary to the public health, and the 
public interest, to delay the issuance and effective date of this 
action.
    The CBP Commissioner is hereby directed to prepare and distribute 
appropriate guidance to CBP personnel on the implementation of the 
temporary measures set forth in this Notification. Further, the CBP 
Commissioner may, on an individualized basis and for humanitarian or 
emergency reasons or for other purposes in the national interest, 
permit the processing of travelers to the United States who would 
otherwise be subject to the restrictions announced in this 
Notification.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2022-08741 Filed 4-21-22; 8:45 am]
BILLING CODE 9112-FP-P