[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Rules and Regulations]
[Pages 30035-30036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09949]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

19 CFR Chapter I

RIN 1601-ZA21


Notification of Termination 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 termination 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 terminate temporary restrictions on travel by certain 
noncitizens into the United States at land ports of entry (``land 
POEs''), including ferry terminals, along the United States-Mexico 
border. Under the latest (April 22, 2022) notice of the temporary 
restrictions, which applied only to noncitizens who are neither U.S. 
nationals nor lawful permanent residents (``noncitizen non-LPRs''), DHS 
allowed the processing for entry into the United States of only those 
noncitizen non-LPRs who were fully vaccinated against COVID-19 and 
could provide proof of being fully vaccinated against COVID-19 upon 
request at arrival. DHS is terminating these restrictions.

DATES: The restrictions will cease to have effect as of 12:01 a.m. 
Eastern Daylight Time (EDT) on May 12, 2023.

FOR FURTHER INFORMATION CONTACT: Stephanie E. Watson, Office of Field 
Operations, U.S. Customs and Border Protection, 202-255-7018.

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\ From March 2020 through October 
2021, in consultation with interagency partners, DHS reevaluated and 
ultimately extended the restrictions on non-essential travel each 
month.
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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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    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

[[Page 30036]]

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 notice of the 
anticipated changes, thereby allowing ample time for noncitizen non-LPR 
essential travelers to become 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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    On January 24, 2022, 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 borders with Mexico and 
Canada by requiring proof of COVID-19 vaccination upon request at 
arrival, largely consistent with the limited exceptions then available 
with respect to COVID-19 vaccination in the international air travel 
context.\8\ On April 22, 2022, DHS announced the continuation of such 
restrictions until further notice.\9\ DHS cautioned that the 
restrictions addressed temporary conditions and may be amended or 
rescinded at any time, including to conform these restrictions to any 
intervening changes with respect to Presidential Proclamation 10294 and 
implementing CDC orders and consistent with the requirements of 19 
U.S.C. 1318.\10\ DHS indicated that 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.\11\
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    \8\ See 87 FR 3425 (Jan. 24, 2022) (Mexico notice); 87 FR 3429 
(Jan. 24, 2022) (parallel Canada notice).
    \9\ See 87 FR 24041 (Apr. 22, 2022) (Mexico notice); 87 FR 24048 
(Apr. 22, 2022) (parallel Canada notice).
    \10\ Id.
    \11\ Id.
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    On January 30, 2023, the Administration announced its intention to 
``extend the [COVID-19 national emergency and public health emergency] 
to May 11, [2023] and then end both emergencies on that date.'' \12\ 
Consistent with the Administration announcement, DHS has continued to 
closely monitor the travel requirements at land POEs, and the Secretary 
has considered the appropriate termination of those travel requirements 
pursuant to 19 U.S.C. 1318 in light of intervening changes to related 
Presidential and interagency assessments of COVID-19.
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    \12\ Office of Mgmt. & Budget, Exec. Office of the President, 
Statement of Administration Policy (Jan. 30, 2023), available at 
https://www.whitehouse.gov/wp-content/uploads/2023/01/SAP-H.R.-382-H.J.-Res.-7.pdf.
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Termination of the Public Health Emergency and Air Travel Restrictions

    On February 10, 2023, the White House announced that ``we are in a 
different phase'' of the response to the COVID-19 pandemic 
precipitating an orderly transition to end the national emergency 
declared in March 2020.\13\ While the spread of SARS-CoV-2, the virus 
that causes COVID-19, remains a public health priority, based on 
current COVID-19 trends, the Department of Health and Human Services is 
planning for the federal Public Health Emergency for COVID-19, declared 
under Section 319 of the Public Health Service Act, to expire at the 
end of the day on May 11, 2023.\14\ On May 1, 2023, the White House 
announced the impending termination of COVID-19 air travel 
restrictions, effective at the end of the day on May 11, 2023.\15\ This 
Notification ensures that applicable restrictions at the land POEs 
terminate concurrent with the parallel air travel restrictions.
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    \13\ White House Notice on the Continuation of the National 
Emergency Concerning the Coronavirus Disease 2019 (COVID-19) 
Pandemic (Feb. 10, 2023), available at https://www.whitehouse.gov/briefing-room/presidential-actions/2023/02/10/notice-on-the-continuation-of-the-national-emergency-concerning-the-coronavirus-disease-2019-covid-19-pandemic-3/; see also 88 FR 9385 (Feb. 14, 
2023) (providing Federal Register notice of same).
    \14\ Fact Sheet: COVID-19 Public Health Emergency Transition 
Roadmap (Feb. 9, 2023), available at https://www.hhs.gov/about/news/2023/02/09/fact-sheet-covid-19-public-health-emergency-transition-roadmap.html.
    \15\ See The White House, Statements and Releases, The Biden-
Harris Administration Will End COVID-19 Vaccination Requirements for 
Federal Employees, Contractors, International Travelers, Head Start 
Educators, and CMS-Certified Facilities (May 1, 2023), available at 
https://www.whitehouse.gov/briefing-room/statements-releases/2023/05/01/the-biden-administration-will-end-covid-19-vaccination-requirements-for-federal-employees-contractors-international-travelers-head-start-educators-and-cms-certified-facilities/ (last 
visited May 1, 2023).
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Notice of Action

    In light of intervening changes in Presidential and interagency 
assessments of current trends in COVID-19, I have determined that it is 
no longer necessary to impose temporary restrictions on the processing 
of travelers to the United States at the United States-Mexico border. I 
intend for this Notification 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.
    This action is not a rule subject to notice and comment under the 
Administrative Procedure Act. In addition, it is exempt from notice and 
comment requirements because it concerns ongoing discussions with 
Canada and 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.'' 5 U.S.C. 553(a)(1).

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2023-09949 Filed 5-8-23; 8:45 am]
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