The Centers for Disease Control and Prevention (CDC) has issued an order temporarily limiting travel to the United States for certain individuals who have been present in the Democratic Republic of the Congo (DRC), Uganda, or South Sudan for a period of thirty days. These Ebola travel restrictions are subject to an ongoing public health risk assessment intended to reduce the United States’ risk of an outbreak caused by the Bundibugyo virus strain that is present in the Democratic Republic of the Congo (DRC) and Uganda.
The order was made pursuant to Title 42, which enables the government to deny entry to certain individuals into the United States when the Director of the CDC determines there is a communicable disease that poses a serious danger to the United States.
Purpose of the Ebola Travel Restrictions
The purpose of this order is twofold:
- Minimize the entry of individuals who have been present in countries experiencing a known or suspected outbreak of Ebola in order to reduce the risk of introducing Ebola into the United States.
- The order is intended to give the CDC time to assess and understanding of the full public health risk profile associated with the outbreak of Ebola. Thirty days is the minimum period for the CDC to complete this assessment and determine whether additional restrictions may be necessary, and to collaborate with stakeholders on mitigation and containment plans.
Who is Subject to and Who is Exempt from the Order?
The order applies to noncitizens who have departed from, or were present within, the DRC, Uganda, or South Sudan within the last 21 days, regardless of their country of origin.
The following classes of individuals are exempt from the order:
- U.S. citizens, U.S. nationals, and lawful permanent residents
- Members of the armed forces of the United States and associated personnel, U.S. government personnel serving overseas, associated personnel, and their spouses and children, subject to required assurances;
- Persons whom customs officers determine, with approval from a supervisor, should be excepted based on the totality of the circumstances, including consideration of significant law enforcement, officer and public safety, humanitarian, and public health interests. The U.S. Department of Homeland Security (DHS) will consult with CDC regarding the standards to help ensure consistency with current CDC guidance and public health recommendations; and
- Noncitizens who would otherwise be subject to this order, who are permitted to enter the United States as part of a DHS-approved process, where the process approved by DHS has been documented and shared with CDC, and includes appropriate mitigation protocols, per CDC guidance.
Klasko Immigration will continue to monitor CDC guidance and provide updates if the Ebola travel restrictions are extended. If you have questions about how the restrictions may impact you, please contact a Klasko attorney.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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