As background, Title 42 is a law that allows the CDC to temporarily prohibit certain individuals from entering the United States if there is a contagious disease in another country that could seriously threaten public health here.
It is the same act that was used during the COVID pandemic to restrict entry of foreign nationals into the United States.
The order bars entry for non-U.S. passport holders who departed from or were present in DRC, Uganda, or South Sudan in the last 21 days. The order will be in effect for 30 days.
This Order does not apply to the following:
- U.S. citizens, U.S. nationals, and lawful permanent residents;
- Members of the armed forces of the United States and associated personnel, U.S. government personnel serving overseas, associated personnel, and their spouses and children, subject to required assurances;
- Persons whom customs officers determine, with approval from a supervisor, should be excepted from this Order based on the totality of the circumstances, including consideration of significant law enforcement, officer and public safety, humanitarian, and public health interests. The U.S. Department of Homeland Security (DHS) will consult with CDC regarding the standards for such exceptions to help ensure consistency with current CDC guidance and public health recommendations; and
- Noncitizens who would otherwise be subject to this Order, who are permitted to enter the United States as part of a DHS-approved process, where the process approved by DHS has been documented and shared with CDC, and includes appropriate mitigation protocols, per CDC guidance.
Among other measures, CDC will
- Enhance public health screening and traveler monitoring for individuals arriving from areas affected by Ebola outbreaks in the region.
- Entry restrictions on non-US passport holders if they have been in Uganda, DRC, or South Sudan in the previous 21 days.
- Coordinate with airlines, international partners, and port-of-entry officials to identify and manage travelers who may have been exposed to Ebola virus.
As you approach your summer travel plans, please do keep monitoring the ebola outbreak to ensure that the travel bar does not get extended beyond the 30 days or to other countries. We will continue to monitor the situation as well.
If you do travel, please do not transit through or travel to DRC, Uganda or South Sudan.
This advisal is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this article without seeking the advice of a competent, licensed immigration attorney.
If you have questions about this blog, any immigration related questions, or would like to schedule a consultation with one of our immigration attorneys, please contact our office via our website inquiry form or by calling our office at (303) 371-1822.
About the Author
Petula McShiras is a Senior Associate Attorney at Kolko & Casey, P.C. Petula specializes in employment based, naturalization and family based immigration matters.
