On March 24, 2020, the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), published in the Federal Register notification of an Order pursuant to section 362 of the Public Health Service Act, 42 U.S.C. 265, suspending the introduction of persons into the United States as of 11:59 pm EDT on March 20, 2020. The Order suspends the introduction of certain persons into the United States because the CDC Director has determined that the existence of Coronavirus Disease 2019 (COVID-19) in certain foreign countries creates a serious danger of the introduction of the disease into the United States, and the danger is so increased by the introduction of persons from the foreign countries that a temporary suspension of the introduction of such persons is necessary to protect the public health. The U.S. Department of Homeland Security (DHS) is implementing the Order.
The Order does not apply:
- to U.S. citizens, lawful permanent residents, persons from foreign countries who hold valid travel documents, or persons from foreign countries in the visa waiver program who are not subject to travel restrictions;
- where a designated customs officer of DHS determines, based on the totality of the circumstances, including consideration of significant law enforcement, officer and public safety, humanitarian, and public health interests, that the Order should not be applied to a specific person otherwise subject to the order; and
- to members of the armed forces of the United States and associated personnel for whom the Secretary of Defense provides assurance to the Director that the Secretary of Defense, through measures such as quarantine, isolation, or other measures for maintaining control over such individuals, is preventing the risk of transmission of COVID19 to others in the United States.