President Trump Orders Earlier Start to Brazil Travel Ban

President Donald Trump has amended the start time of his recent COVID-related proclamation prohibiting the entry of foreign nationals who have been physically present in Brazil within 14 days before their attempted entry.  The travel restrictions will now take effect at 11:59 pm EDT today, Tuesday, May 26, and will remain in effect until terminated by the President.

The White House announced the change late Monday, just one day after the proclamation was issued.

Exceptions to the Travel Restrictions

Travelers who have been present in Brazil in the past 14 days will be permitted to enter the United States if they are on flights that depart before 11:59 pm EDT today, May 26.

The following travelers are not subject to the ban, but may be required to undergo screening and other measures upon arrival:

• U.S. citizens;
• U.S. lawful permanent residents;
• Spouses of  U.S. citizens and lawful permanent residents;
• A foreign national who is the parent or legal guardian of an unmarried U.S. citizen or lawful permanent resident under the age of 21;
• A foreign national who is the sibling of a U.S. citizen or lawful permanent resident, provided they are both under 21;
• A foreign national who is the child, foster child or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States on an IR-4 or IH-4 visa;
• A foreign national traveling at the invitation of the U.S. government for a purpose related to containment or mitigation of the COVID-19 virus;
• A foreign air or sea crewmember;
• Certain A, C, E-1 (TECRO or TECO employees), G, and NATO nonimmigrants;
• A foreign national whose entry would not pose a risk of transmitting the virus as determined by the CDC;
• A foreign national whose entry would further important U.S. law enforcement objectives;
• A foreign national whose entry would be in the national interest; and
• Members of the U.S. armed forces and their spouses and children.

Procedures for Exempt Travelers

As outlined by the Department of Homeland Security, exempt travelers will be directed to one of several U.S. airports equipped for COVID-19 screening, where they will be asked about their medical history, their current physical condition, and for their contact information, which will be shared with local health authorities. Travelers will also be directed to immediately home-quarantine in accordance with CDC guidelines.

What Employers Should Do Now

With just hours remaining before the revised travel restrictions take effect, your organization should work quickly to identify foreign employees who are affected by the ban and contact your designated legal professionals to begin making arrangements, which could include urgent travel back to the United States, if possible, or alternative immigration options.