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COVID-19: Restrictions on Noncitizen Travel
November 17, 2021
In response to the Coronavirus Disease 2019 (COVID-19) pandemic, the executive branch has invoked
statutory powers conferred by Congress to impose special restrictions on the entry into the United States
of non-U.S. nationals (referred to as aliens in governing statutes and regulations; some jurists and
policymakers use the term noncitizens instead). These special restrictions break into two general
categories: those that apply to aliens seeking entry with visas or other valid travel documents, and those
that apply to aliens encountered near the border without valid travel documents (referred to here as
undocumented migrants to distinguish them from aliens encountered in the interior of the United States
who lack valid entry documents). Neither category of restrictions applies to U.S. citizens or lawful
permanent residents (LPRs).
This Legal Sidebar summarizes these restrictions and recent related developments. Aside from the
restrictions on alien entry discussed here, the Centers for Disease Control and Prevention (CDC) imposes
predeparture COVID-19-related testing requirements on air travelers entering the United States, including
U.S. citizens and LPRs. In addition, the CDC has established vaccination requirements for applicants for
refugee status and some visas.
Snapshot of COVID-Related Restrictions on Alien Entry
Travelers Seeking Entry with Visas or Other Valid Documents
   Vaccination is required for nonimmigrant air travelers, with some exceptions.
   Vaccination is required for most noncitizens traveling by land or ferry for nonessential purposes; starting in
January 2022, this requirement will extend to most aliens traveling for essential purposes as well.
Undocumented Migrants Encountered Near the Border (at or between ports of entry)
   Title 42 policy authorizes rapid expulsion without asylum  screening (not applicable to unaccompanied children).
Restrictions on Arriving Aliens with Valid Documents
In response to the global spread of COVID-19, the White House has implemented a number of entry
restrictions on arriving aliens with valid documents. Although entry restrictions during the COVID-19
pandemic have largely differed based on arrival method-air travel as opposed to crossing into the United
States at land border ports of entry (POEs) and ferry terminals-the White House made efforts in October
of 2021 to harmonize entry requirements. These efforts generally require vaccination against COVID-19
Congressional Research Service
https://crsreports.congress.gov
LSB10659
CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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