On September 23, DHS announced in the Federal Register that it will continue to temporarily limit the travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border. Such travel will be limited to ‘‘essential travel.’’
DATES: These restrictions go into effect at 12 a.m. Eastern Daylight Time (EDT) on September 22, 2020 and will remain in effect until 11:59 p.m. EDT on October 21, 2020.
Background
On March 24, 2020, DHS published notice of the Secretary’s decision to temporarily limit the travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border to ‘‘essential travel,’’ as further defined in that document.1 The document described the developing circumstances regarding the COVID–19 pandemic and stated that, given the outbreak and continued transmission and spread of the virus associated with COVID–19 within the United States and globally, the Secretary had determined that the risk of continued transmission and spread of the virus associated with COVID–19 between the United States and Mexico posed a ‘‘specific threat to human life or national interests.’’ The Secretary later published a series of notifications continuing such limitations on travel until 11:59 p.m. EDT on September 21, 2020.2
Essential Travel
DHS defines ‘‘essential travel,’’ to include:
• U.S. citizens and lawful permanent residents returning to the United States;
• Individuals traveling for medical purposes (e.g., to receive medical treatment in the United States);
• Individuals traveling to attend educational institutions;
• Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Mexico in furtherance of such work);
• Individuals traveling for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID–19 or other emergencies);
• Individuals engaged in lawful cross- border trade (e.g., truck drivers supporting the movement of cargo between the United States and Mexico);
• Individuals engaged in official government travel or diplomatic travel;
• Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and
• Individuals engaged in military- related travel or operations.
Note that “essential travel” does NOT include tourism, sightseeing, recreation, or cultural events.
