ExecutiveOrdersEO
Proc 10041ProclamationTrump 45 · R Quiet signal

Proclamation 10041

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus

This proclamation suspends entry into the United States of immigrants and nonimmigrants who were physically present in Brazil during the 14 days before seeking entry, due to widespread COVID-19 transmission. It takes effect May 28, 2020, with exemptions for lawful permanent residents, close family members of U.S. citizens/residents, and other specified categories.

Federal Register Open PDF 85 FR 31933

Impact dates

  1. Proclamation effective at 11:59 p.m. EDT; entry suspension begins

Key directives

  • Suspend and limit entry of aliens present in Brazil during 14-day period before entry
  • Secretary of State to implement visa procedures in consultation with DHS
  • Secretary of Homeland Security to implement entry procedures in consultation with State
  • Secretaries of State, Transportation, and DHS to prevent covered aliens from boarding U.S.-bound aircraft
  • DHS to establish port of entry standards and procedures
  • DHS to prioritize removal of aliens who circumvent proclamation through fraud or illegal entry
  • HHS Secretary to recommend continuation, modification, or termination to President

Who is ordered

Timeline

Immediate

  • Entry suspension takes effect at 11:59 p.m. EDT on May 28, 2020
  • Flights departing before May 28, 2020 deadline exempted

Near term (90d)

  • Secretary of State and DHS to establish implementation procedures
  • DHS to establish port of entry standards and procedures

Long term

  • Proclamation remains until terminated by President
  • HHS Secretary to recommend continuation, modification, or termination

Risks & tensions

  • Expands prior COVID-19 travel restrictions to Brazil, then third-highest global case count
  • Exemption structure creates implementation complexity for airlines and consular officers
  • Potential tension between public health rationale and stated commitment to facilitating U.S.-Brazil trade
  • Fraud/circumvention enforcement priority may strain DHS resources
  • Indefinite duration with HHS recommendation process creates policy uncertainty
Proclamation 10041: Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus · Executive Orders