President Trump Bans Travel to U.S. from Most European Countries for 30 Days Over Coronavirus

In a surprising move, on March 11, 2020, President Trump issued a proclamation by which he is seeking to suspend travel to the U.S. from a number of European countries starting Friday, March 13, 2020 for a period of 30 days.

During its release, this ban was labeled “total” and although it is very broad and extensive, it has many exceptions. Specifically, the ban does not apply to U.S. lawful permanent residents, U.S. citizens, and certain immediate relatives. Diplomat, crew and other specific visa types are excluded as well. Also, the exclusion applies to foreign nationals who have been, over the previous 14 days, in our of the 26 European Schengen area countries.

The full text of the proclamation can be found here. But here are some specific sections that are worth drawing attention to.

For purposes of this proclamation, the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

..

I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States.

..

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

[Exceptions]

Sec. 2. Scope of Suspension and Limitation on Entry.
(a) Section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien who is the spouse of a U.S. citizen or lawful permanent resident;
(iii) any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;
(iv) any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

When Does the Ban Start?

The ban starts on 11:59 pm ET on Friday and will last 30 days, subject to adjustment. Aircraft en route to the US at the time the ban becomes effective is not supposed to be subject to it.

Which Countries Does the Ban Apply to?

According to the Department for Homeland Security (DHS) and the president’s proclamation, the travel ban applies to the countries belonging to the 26-member Schengen passport-free zone. These are:

Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The European countries which are not members of the Schengen passport-free zone and, as such, are not subject to the ban are: Albania, Andora, Armenia, Azerbaijan, Belarus, Bosnia & Herzegovina, Bulgaria, Croatia, Cyprus, Georgia, Ireland, Kosovo, North Macedonia, Moldova, Monaco, Montenegro, Romania, Russia, San Marino, Serbia, Turkey, Ukraine, The United Kingdom and Vatican City.

Who Is and Who Is Not Affected by the Ban?

The travel ban applies to “most” foreign nationals who have been to any of the 26 Schengen zone countries at “any point during the 14 days prior to their scheduled arrival to the US.”

The ban does not apply to US citizens or to foreign nationals who are lawful permanent residents (green card holders). The ban also does not apply to foreign nationals who are:

• married to US citizens or legal permanent residents
• parents and guardians of US citizens or legal permanent residents aged under 21
• brothers and sisters of US citizens or legal permanent residents, providing both are unmarried and under 21
• children or foster children of US citizens or legal permanent residents
• plane crews
• foreign nationals invited to the US to help fight the virus
• foreign government officials and their immediate family members
• foreign nationals who work for the US armed forces, international organizations (such as NATO, UN).

Practical Aspects and Concerns of the Proclamation Restricting Travel from Europe

The announcement of the travel ban and its initial label by the President as “total” created a fair amount of confusion and as of the publication of this alert we still do not know the exact way this ban will be implemented. It appears that there are notable exceptions – for U.S. lawful permanent residents, U.S. citizens, and some immediate family members, in addition to some other narrow categories of travelers; however, we do not know how airlines will implement these restrictions including how much of air traffic between Europe and the U.S. will be impacted. It is fair to assume that there will be significant disruption in the ability to travel to and from the U.S. over the next few weeks with many flight cancellations.

U.S. lawful permanent residents (green card holders) should consider their personal situations and circumstances to evaluate whether there are risks for abandonment of their green card due to extended stays outside of the U.S. (generally, extended stay outside of the U.S. may deem a green card to be abandoned, especially after spending a period of more than 365 days outside of the U.S. during a single trip and without a valid reentry permit document).

Conclusion

At this time we (and everyone else) are still struggling to obtain more details on how exactly this ban will work and the administration has been trying to provide narrow clarifications and updates. We urge our readers to continue to follow this topic. Our office will certainly continue to monitor this fluid situation and provide updates on key developments. Please do not hesitate to contact us if we can be of any help and please feel free to subscribe to our free weekly newsletter to obtain developments on this and related topics.