Trump order ending Brazil, Europe travel bans unlikely to be implemented by Biden

President Trump issued a presidential proclamation Monday announcing the termination of certain COVID-19 physical presence bans, but the Biden administration has indicated it will keep them in place for the time being.

Key Points:

• The proclamation states that the travel bans that bar entry to travelers who have been physically present in Brazil, Ireland, the United Kingdom or any of the 26 countries of the Schengen region, will be terminated at 12:01 a.m. EST on Jan. 26.
• President-elect Joe Biden’s White House Press Secretary, Jen Psaki, immediately responded on Twitter stating that the Biden administration does not intend to lift the travel bans on Jan. 26 and will in fact strengthen public health measures related to international travel.
• The incoming administration had already indicated that it plans to delay or stop Trump orders and regulations that have not taken effect by the time Biden takes office at noon on Wednesday, Jan. 20.

Background: During the first half of 2020, President Trump imposed a series of “physical presence” bans that bar travelers who have been physically present in Brazil, China, Iran, Ireland, the United Kingdom or the Schengen region within 14 days of seeking to enter the United States. Monday’s proclamation does not cover China or Iran. The U.S. government will also implement a COVID-19 testing requirement for all international air travelers starting Jan. 26.

BAL Analysis: The physical presence travel bans remain in place at this time, and the incoming administration has indicated it will not be lifting them on Jan. 26. BAL is closely monitoring ongoing travel restrictions and the Biden administration’s response to the multiple Trump travel bans and will update clients as information becomes available.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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