Proc 10138ProclamationTrump 45 · R

Proclamation 10138

Terminating Suspensions of Entry Into the United States of Aliens Who Have Been Physically Present in the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil

On January 18, 2021, President Trump terminated COVID-19 travel entry suspensions for aliens who had been physically present in the Schengen Area, United Kingdom, Republic of Ireland, and Brazil, effective January 26, 2021, while keeping restrictions in place for China and Iran. The termination was based on the Secretary of Health and Human Services' recommendation that a new CDC testing requirement for air passengers would sufficiently mitigate risk, coupled with expected cooperation from those jurisdictions.

Impact dates

  1. Termination of Proclamations 9993, 9996, and 10041 takes effect; travel suspensions for Schengen Area, UK, Ireland, and Brazil end

  2. CDC testing order for air passengers from foreign countries takes effect (referenced as context for termination decision)

Key directives

  • Terminate Proclamations 9993, 9996, and 10041 effective 12:01 a.m. EST on January 26, 2021
  • Remove entry restrictions for Schengen Area, UK, Ireland, and Brazil
  • Maintain entry restrictions for China and Iran

Who is ordered

Timeline

Immediate

  • Proclamation signed January 18, 2021

Near term (90d)

  • Travel suspensions terminate January 26, 2021 at 12:01 a.m. EST
  • CDC testing order takes effect January 26, 2021 for air passengers

Long term

Risks & tensions

  • Timing in final days of administration (January 18, 2021) creates uncertainty about implementation under incoming Biden administration
  • Differential treatment of China/Iran vs. European/Brazilian jurisdictions based on cooperation claims may be contested
  • Reliance on voluntary foreign jurisdiction cooperation for testing accuracy poses enforcement challenge
  • Document notes CDC order but does not itself mandate testing—depends on separate CDC action
Proclamation 10138: Terminating Suspensions of Entry Into the United States of Aliens Who Have Been Physically Present in the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil · Executive Orders