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1 1 (December 2, 2021)

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COVID-19: Restrictions on Noncitizen Travel
Updated December 2, 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). Following reports of the potential spread of the COVID-19 Omicron variant
(designated by the World Health Organization as a variant of concern), the White House has
implemented additional travel restrictions, effective November 29, 2021, on persons traveling from
certain African countries where there is particular concern over Omicron variant spread. These Omicron-
specific travel restrictions supplement, rather than replace, generally applicable COVID-19 travel
restrictions.
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
pre-departure 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.
Congressional Research Service
https://crsreports.congress.gov
LSB10659

CRS Legal Sidebar
Prepared for Members and
Committees of Congress -

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