[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Rules and Regulations]
[Pages 52611-52612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20344]
[[Page 52611]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Chapter I
Notification of Temporary Travel Restrictions Applicable to Land
Ports of Entry and Ferries Service Between the United States and Mexico
AGENCY: Office of the Secretary, U.S. Department of Homeland Security;
U.S. Customs and Border Protection, U.S. Department of Homeland
Security.
ACTION: Notification of continuation of temporary travel restrictions.
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SUMMARY: This document announces the decision of the Secretary of
Homeland Security (Secretary) to 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,'' as further defined in this document.
DATES: These restrictions go into effect at 12 a.m. Eastern Daylight
Time (EDT) on September 22, 2021 and will remain in effect until 11:59
p.m. EDT on October 21, 2021, unless amended or rescinded prior to that
time.
FOR FURTHER INFORMATION CONTACT: Stephanie Watson, Office of Field
Operations Coronavirus Coordination Cell, U.S. Customs and Border
Protection (CBP) at 202-325-0840.
SUPPLEMENTARY INFORMATION:
Background
On March 24, 2020, DHS published notice of its 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, DHS 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.'' DHS later published a series of notifications
continuing such limitations on travel until 11:59 p.m. EDT on September
21, 2021.\2\
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\1\ 85 FR 16547 (Mar. 24, 2020). That same day, DHS also
published notice of its decision to temporarily limit the travel of
individuals from Canada into the United States at land ports of
entry along the United States-Canada border to ``essential travel,''
as further defined in that document. 85 FR 16548 (Mar. 24, 2020).
\2\ See 86 FR 46963 (Aug. 23, 2021); 86 FR 38554 (July 22,
2021); 86 FR 32766 (June 23, 2021); 86 FR 27800 (May 24, 2021); 86
FR 21189 (Apr. 22, 2021); 86 FR 14813 (Mar. 19, 2021); 86 FR 10816
(Feb. 23, 2021); 86 FR 4967 (Jan. 19, 2021); 85 FR 83433 (Dec. 22,
2020); 85 FR 74604 (Nov. 23, 2020); 85 FR 67275 (Oct. 22, 2020); 85
FR 59669 (Sept. 23, 2020); 85 FR 51633 (Aug. 21, 2020); 85 FR 44183
(July 22, 2020); 85 FR 37745 (June 24, 2020); 85 FR 31057 (May 22,
2020); 85 FR 22353 (Apr. 22, 2020). DHS also published parallel
notifications of its decisions to continue temporarily limiting the
travel of individuals from Canada into the United States at land
ports of entry along the United States-Canada border to ``essential
travel.'' See 86 FR 46964 (Aug. 23, 2021); 86 FR 38556 (July 22,
2021); 86 FR 32764 (June 23, 2021); 86 FR 27802 (May 24, 2021); 86
FR 21188 (Apr. 22, 2021); 86 FR 14812 (Mar. 19, 2021); 86 FR 10815
(Feb. 23, 2021); 86 FR 4969 (Jan. 19, 2021); 85 FR 83432 (Dec. 22,
2020); 85 FR 74603 (Nov. 23, 2020); 85 FR 67276 (Oct. 22, 2020); 85
FR 59670 (Sept. 23, 2020); 85 FR 51634 (Aug. 21, 2020); 85 FR 44185
(July 22, 2020); 85 FR 37744 (June 24, 2020); 85 FR 31050 (May 22,
2020); 85 FR 22352 (Apr. 22, 2020).
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DHS continues to monitor and respond to the COVID-19 pandemic. As
of the week of September 5, 2021, there have been over 220 million
confirmed cases globally, with over 4.5 million confirmed deaths.\3\
There have been over 40.3 million confirmed and probable cases within
the United States,\4\ over 1.5 million confirmed cases in Canada,\5\
and over 3.4 million confirmed cases in Mexico.\6\
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\3\ WHO, Coronavirus disease 2019 (COVID-19) Weekly
Epidemiological Update (Sept. 7, 2021), available at https://www.who.int/emergencies/diseases/novel-coronavirus-2019/situation-reports (accessed Sept. 9, 2021).
\4\ CDC, COVID Data Tracker: United States COVID-19 Cases,
Deaths, and Laboratory Testing (NAATs) by State, Territory, and
Jurisdiction, https://covid.cdc.gov/covid-data-tracker/#cases_casesper100klast7days (accessed Sept. 9, 2021).
\5\ WHO, Situation by Region, Country, Territory & Area,
available at https://covid19.who.int/table (accessed Sept. 9, 2021).
\6\ Id.
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DHS also notes that the Delta variant continues to drive an
increase in cases, hospitalizations, and deaths in the United
States.\7\ Canada and Mexico are also seeing increased case counts and
deaths.\8\
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\7\ See CDC, Delta Variant: What We Know About the Science,
https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html (accessed Sept. 9, 2021).
\8\ See Government of Canada, Coronavirus Disease (COVID-19) For
Health Professionals, https://health-infobase.canada.ca/covid-19/epidemiological-summary-covid-19-cases.html#VOC (accessed Sept. 9,
2021). See Government of Mexico, Ministry of Health, COVID-19
National General Information, https://datos.covid-19.conacyt.mx/#DOView (accessed Sept. 9, 2021); Mexican Consortium of Genomic
Surveillance (CoViGen-Mex), Reportes, http://
mexcov2.ibt.unam.mx:8080/COVID-TRACKER/ (accessed Sept. 9, 2021).
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Notice of Action
Given the outbreak and continued transmission and spread of COVID-
19 within the United States and globally, the Secretary has determined
that the risk of continued transmission and spread of the virus
associated with COVID-19 between the United States and Mexico poses an
ongoing ``specific threat to human life or national interests.''
In March 2020, U.S. and Mexican officials mutually determined that
non-essential travel between the United States and Mexico posed
additional risk of transmission and spread of the virus associated with
COVID-19 and placed the populace of both nations at increased risk of
contracting the virus associated with COVID-19. Given the sustained
human-to-human transmission of the virus, coupled with risks posed by
new variants, non-essential travel to the United States places the
personnel staffing land ports of entry between the United States and
Mexico, as well as the individuals traveling through these ports of
entry, at increased risk of exposure to the virus associated with
COVID-19. Accordingly, and consistent with the authority granted in 19
U.S.C. 1318(b)(1)(C) and (b)(2),\9\ I have determined that land ports
of entry along the U.S.-Mexico border will continue to suspend normal
operations and will only allow processing for entry into the United
States of those travelers engaged in ``essential travel,'' as defined
below. Given the definition of ``essential travel'' below, this
temporary alteration in land ports of entry operations should
[[Page 52612]]
not interrupt legitimate trade between the two nations or disrupt
critical supply chains that ensure food, fuel, medicine, and other
critical materials reach individuals on both sides of the border.
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\9\ 19 U.S.C. 1318(b)(1)(C) provides that ``[n]otwithstanding
any other provision of law, the Secretary of the Treasury, when
necessary to respond to a national emergency declared under the
National Emergencies Act (50 U.S.C. 1601 et seq.) or to a specific
threat to human life or national interests,'' is authorized to
``[t]ake any . . . action that may be necessary to respond directly
to the national emergency or specific threat.'' On March 1, 2003,
certain functions of the Secretary of the Treasury were transferred
to the Secretary of Homeland Security. See 6 U.S.C. 202(2), 203(1).
Under 6 U.S.C. 212(a)(1), authorities ``related to Customs revenue
functions'' were reserved to the Secretary of the Treasury. To the
extent that any authority under section 1318(b)(1) was reserved to
the Secretary of the Treasury, it has been delegated to the
Secretary of Homeland Security. See Treas. Dep't Order No. 100-16
(May 15, 2003), 68 FR 28322 (May 23, 2003). Additionally, 19 U.S.C.
1318(b)(2) provides that ``[n]otwithstanding any other provision of
law, the Commissioner of U.S. Customs and Border Protection, when
necessary to respond to a specific threat to human life or national
interests, is authorized to close temporarily any Customs office or
port of entry or take any other lesser action that may be necessary
to respond to the specific threat.'' Congress has vested in the
Secretary of Homeland Security the ``functions of all officers,
employees, and organizational units of the Department,'' including
the Commissioner of CBP. 6 U.S.C. 112(a)(3).
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For purposes of the temporary alteration in certain designated
ports of entry operations authorized under 19 U.S.C. 1318(b)(1)(C) and
(b)(2), travel through the land ports of entry and ferry terminals
along the United States-Mexico border shall be limited to ``essential
travel,'' which includes, but is not limited to--
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.
The following travel does not fall within the definition of
``essential travel'' for purposes of this Notification--
Individuals traveling for tourism purposes (e.g.,
sightseeing, recreation, gambling, or attending cultural events).
At this time, this Notification does not apply to air, freight
rail, or sea travel between the United States and Mexico, but does
apply to passenger rail, passenger ferry travel, and pleasure boat
travel between the United States and Mexico. These restrictions are
temporary in nature and shall remain in effect until 11:59 p.m. EDT on
October 21, 2021. This Notification may be amended or rescinded prior
to that time, based on circumstances associated with the specific
threat. In coordination with public health and medical experts, DHS
continues working closely with its partners across the United States
and internationally to determine how to safely and sustainably resume
normal travel.
The Commissioner of U.S. Customs and Border Protection (CBP) is
hereby directed to prepare and distribute appropriate guidance to CBP
personnel on the continued implementation of the temporary measures set
forth in this Notification. The CBP Commissioner may determine that
other forms of travel, such as travel in furtherance of economic
stability or social order, constitute ``essential travel'' under this
Notification. Further, the CBP Commissioner may, on an individualized
basis and for humanitarian reasons or for other purposes in the
national interest, permit the processing of travelers to the United
States not engaged in ``essential travel.''
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2021-20344 Filed 9-21-21; 8:45 am]
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