Congressional Research Service 3
Exemptions from the new proclamation include arrival from countries with low vaccine availability,
participation in certain clinical trials for COVID-19 vaccination, when vaccination would go against
medical advice, and humanitarian or emergency reasons. In addition to vaccination status, noncitizen
travelers must agree to abide by generally applicable health precautions established by the CDC,
potentially including pre-departure testing and masking during flight. The CDC also generally
recommends, but does not require, a second test and self-quarantine or self-isolation after arrival.
Unvaccinated noncitizen travelers allowed to enter pursuant to an exemption must agree to become fully
vaccinated within 60 days (this requirement does not apply, for example, to noncitizens who are present in
the United States for a brief duration). Noncitizen children under the age of 18 are also exempt from the
vaccination requirement. The proclamation includes an exception for noncitizens for whom, given their
age, requiring vaccination would be inappropriate as determined by the CDC. The CDC has determined
that children under the age of 18 meet the criteria for an exception under the proclamation.
For statutory authority to restrict the entry of unvaccinated noncitizen travelers, the proclamation relies
primarily on Section 212(f) of the INA. The Supreme Court has interpreted this delegation of authority
broadly, and it is likely sufficient for the President to restrict the entry of unvaccinated nonimmigrants.
Other statutory provisions already impose vaccination requirements on certain aliens seeking immigrant
visas or seeking adjustment of status to permanent residence in the United States (with various
exceptions, including when a vaccination is not medically advised).
Restrictions on Noncitizen Travel Over Land Borders
The executive branch has recently taken action to replace COVID-19-related restrictions on non-essential
travel over land borders into the United States with a general vaccination requirement for noncitizens with
valid documents who seek to enter by land.
In March 2020, U.S., Canadian, and Mexican officials mutually determined that non-essential travel
between the United States and its respective contiguous countries posed additional risk of the
transmission and spread of COVID-19. As such, U.S. Customs and Border Protection (CBP), a
component of the Department of Homeland Security (DHS), issued two identical orders (one applying to
U.S.-Mexico travel and the other applying to U.S.-Canada travel) that restricted non-essential inbound
travel at land POEs from Canada and Mexico into the United States. CBP issued these orders under a
provision of the Tariff Act of 1930, codified at 19 U.S.C. § 1318.
The two orders, put into effect on March 20, 2020, “suspend normal operations and process” at land
POEs, except for “essential travel.” “Essential travel” includes (1) travel for medical purposes; (2) travel
to attend educational institutions; (3) travel to work (e.g., individuals who work in agriculture who must
travel between the United States and Canada); (4) travel for emergency response and public health
purposes (e.g., responses to COVID-19); (5) lawful cross-border trade (e.g., commercial truck drivers);
(6) official government or diplomatic travel; (7) members of armed forces returning to the United States;
and (8) military-related travel or operations. The rules specify that “essential travel” does not include
travel for tourism purposes, such as sightseeing, recreation, gambling, or attending cultural events. The
two orders also contain broad exceptions for U.S. citizens, LPRs, and members of the military. The
restrictions are temporary and were originally scheduled to remain in effect until April 20, 2020, but have
since been extended throughout the COVID-19 pandemic. (Canada now permits travelers to enter Canada
if they qualify as fully vaccinated travelers regardless of citizenship, and Mexico appears to permit all
noncitizen travelers to enter Mexico regardless of vaccination status.)
In October 2021, DHS announced a change in policy on non-essential travel at land POEs and ferry
terminals. The change appears to synchronize entry restrictions at land POEs and ferry terminals with the
travel restrictions discussed above. This new approach consists of two stages. First, effective November 8,
2021, noncitizen travelers arriving at land POEs and ferry terminals with valid documents may enter the