Immigration Law Update
September 2021
White House Plans to Rescind COVID-19 Travel Bans and Require Vaccinations
This week the Biden administration announced that beginning in early November 2021 it plans to ease travel restrictions on international travelers flying to the United States.
Specifically, the White House plans to rescind current COVID-19 travel bans from China, Iran, the Schengen countries of Europe, the United Kingdom, Ireland, Brazil, South Africa, and India. Instead, international travelers will be required to prove that they have been fully vaccinated against COVID-19 and provide a negative test within three days of boarding a flight to the U.S.
The new policy includes limited exceptions for children, COVID-19 clinical trial participants, and humanitarian exceptions for people traveling for an important reason and who lack access to vaccination.
Applicants for Permanent Residence Must be Fully Vaccinated Against COVID-19 Beginning Oct. 1
The U.S. Centers for Disease Control and Prevention (CDC) announced that applicants for permanent residence must be fully vaccinated against COVID-19 beginning on October 1, 2021.
This applies whether the applicants are seeking Adjustment of Status in the United States or Consular Processing abroad. Immigrant visa applicants who submitted completed medical exams before this date are not subject to the vaccine requirement. In order to comply with this requirement, documentation must be provided in the form of a vaccination record, a copy of a medical chart with physician entries, or by appropriate medical personnel.
The following groups are exempt from the COVID-19 vaccine requirement: those who are too young to receive the vaccine, those who have a medical contraindication to the vaccine, or those who do not have access to one of the approved COVID vaccines in their countries. Those with religious or moral convictions against vaccines can also seek a waiver.
Canada Opens Up to Vaccinated Travelers from the U.S., While U.S. Land Border Restrictions for Canadians Remain
Canada started welcoming back tourists from the U.S. on August 9, the first time nonessential travelers have been permitted to enter the country since the pandemic began. To board a flight to Canada, U.S. travelers must present both proof of full vaccination and a negative molecular coronavirus test (such as a PCR test) taken within 72 hours of their intended departure.
If crossing at the land border, vaccinated travelers will have to present their documentation and a negative test result taken within 72 hours before arrival, or proof of a positive coronavirus test taken between 14 and 180 days before arrival. Unvaccinated travelers are still permitted to enter Canada, but must quarantine and take a test after 8 days.
Meanwhile, the U.S. Government’s ban on nonessential travel across its land borders from Canada and Mexico continues. The restrictions have been extended through at least October 21. The ban limits border crossings by land or ferry, though flights between the U.S. and Canada and Mexico remain unrestricted.
Federal Judge Halts New DACA Filings Nationwide
On July 16, the U.S. District Court for the Southern District of Texas held that the Deferred Action for Childhood Arrivals (DACA) program was illegal and ordered the Biden administration to stop granting new applications.
DACA, which was created by the Obama administration in 2012, allows certain immigrants to temporarily avoid deportation and receive renewable work permits. The U.S. Supreme Court previously reinstated DACA after the Trump administration ended the program. DACA was then expanded to allow for new applicants by the Biden Administration. However, the U.S. District Court in Texas ruled that this was improper.
The ruling does not presently affect those who already have DACA status. Those DACA applicants can still renew their DACA status and employment authorization. However, it will prevent the approval of approximately 50,000 DACA applicants nationwide who applied earlier this year but were not approved before the court’s decision.
This week the Biden administration announced that beginning in early November 2021 it plans to ease travel restrictions on international travelers flying to the United States.
Specifically, the White House plans to rescind current COVID-19 travel bans from China, Iran, the Schengen countries of Europe, the United Kingdom, Ireland, Brazil, South Africa, and India. Instead, international travelers will be required to prove that they have been fully vaccinated against COVID-19 and provide a negative test within three days of boarding a flight to the U.S.
The new policy includes limited exceptions for children, COVID-19 clinical trial participants, and humanitarian exceptions for people traveling for an important reason and who lack access to vaccination.
Applicants for Permanent Residence Must be Fully Vaccinated Against COVID-19 Beginning Oct. 1
The U.S. Centers for Disease Control and Prevention (CDC) announced that applicants for permanent residence must be fully vaccinated against COVID-19 beginning on October 1, 2021.
This applies whether the applicants are seeking Adjustment of Status in the United States or Consular Processing abroad. Immigrant visa applicants who submitted completed medical exams before this date are not subject to the vaccine requirement. In order to comply with this requirement, documentation must be provided in the form of a vaccination record, a copy of a medical chart with physician entries, or by appropriate medical personnel.
The following groups are exempt from the COVID-19 vaccine requirement: those who are too young to receive the vaccine, those who have a medical contraindication to the vaccine, or those who do not have access to one of the approved COVID vaccines in their countries. Those with religious or moral convictions against vaccines can also seek a waiver.
Canada Opens Up to Vaccinated Travelers from the U.S., While U.S. Land Border Restrictions for Canadians Remain
Canada started welcoming back tourists from the U.S. on August 9, the first time nonessential travelers have been permitted to enter the country since the pandemic began. To board a flight to Canada, U.S. travelers must present both proof of full vaccination and a negative molecular coronavirus test (such as a PCR test) taken within 72 hours of their intended departure.
If crossing at the land border, vaccinated travelers will have to present their documentation and a negative test result taken within 72 hours before arrival, or proof of a positive coronavirus test taken between 14 and 180 days before arrival. Unvaccinated travelers are still permitted to enter Canada, but must quarantine and take a test after 8 days.
Meanwhile, the U.S. Government’s ban on nonessential travel across its land borders from Canada and Mexico continues. The restrictions have been extended through at least October 21. The ban limits border crossings by land or ferry, though flights between the U.S. and Canada and Mexico remain unrestricted.
Federal Judge Halts New DACA Filings Nationwide
On July 16, the U.S. District Court for the Southern District of Texas held that the Deferred Action for Childhood Arrivals (DACA) program was illegal and ordered the Biden administration to stop granting new applications.
DACA, which was created by the Obama administration in 2012, allows certain immigrants to temporarily avoid deportation and receive renewable work permits. The U.S. Supreme Court previously reinstated DACA after the Trump administration ended the program. DACA was then expanded to allow for new applicants by the Biden Administration. However, the U.S. District Court in Texas ruled that this was improper.
The ruling does not presently affect those who already have DACA status. Those DACA applicants can still renew their DACA status and employment authorization. However, it will prevent the approval of approximately 50,000 DACA applicants nationwide who applied earlier this year but were not approved before the court’s decision.
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If you have questions or would like to learn more about the items discussed above or other immigration topics, please contact Karen Moss or Brad Ortman of the Immigration Law Group at Nicola, Gudbranson & Cooper via email or at (216) 621-7227.
Bradley L. Ortman and Karen Gabriel Moss
Nicola, Gudbranson & Cooper LLC
This Immigration Law Update contains general information that should not be considered legal advice or legal opinion concerning individual situations. Legal counsel should be consulted for specific advice.
Copyright 2021 by Nicola, Gudbranson & Cooper LLC