U.S. Land Border Restrictions on Travel From Canada and Mexico Extended Through October 21

Published: 09/22/2021

Source: Fragomen

At a glance
  • CBP border restrictions permitting only essential travel to the United States across Canadian and Mexican land borders will be extended through October  21, 2021. The restrictions do not affect air travel.
  • Essential travel includes travel by U.S. citizens, lawful permanent residents, and foreign nationals traveling to work in the United States, among others.  
  • Visa Waiver and other business travelers may face additional scrutiny at the border. 
  • “Non-essential travel” at land borders is not permitted, which includes travel that is considered tourism or recreational in nature.
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The issue

U.S. Customs and Border Protection (CBP) will continue to implement the ban on “non-essential” travel across U.S. land borders and ferry travel with Canada and Mexico through October 21, 2021, according to a set of notifications to be published in the Federal Register. The restrictions were due to expire today, September 21.

Background

The initial ban on non-essential travel across the northern and southern borders began on March 21, 2020 in response to the COVID-19 outbreak; it was originally scheduled to expire in April 2020 but has been extended continuously in one-month increments. The restrictions do not affect air travel.

A closer look

CBP defines “non-essential” travel to the United States as travel that is considered tourism or recreational in nature, which includes sightseeing, gambling and attending cultural events.

“Essential” travel that may continue across the borders under the restrictions includes, but is not limited to:
  • U.S. citizens and lawful permanent residents returning to the United States
  • Travel for lawful cross-border trade (e.g. truck drivers carrying cargo)
  • Travel to work in the United States
  • Travel for medical purposes (e.g., to receive medical treatment in the United States)
  • Travel to attend educational institutions
  • Travel for emergency response and public health purposes (e.g., government officials or emergency responders entering the United States to assist government efforts to respond to COVID-19 or other emergencies)
  • Travel by members of the U.S. Armed Forces, and their spouses and children, returning to the United States
  • Other forms of travel as determined by the CBP on a case by case basis
Trade and business travel may be subject to additional screening. In practice, there has been some inconsistent treatment of business travelers since the border restrictions began.

What this means for employers and foreign nationals

Under existing guidance, U.S. citizen, lawful permanent resident and foreign national business travel should continue across the Canadian and Mexican land borders into the United States for the duration of the border restrictions. However, because CBP officers have wide discretion to inspect entrants, foreign nationals should expect detailed questioning about their employment or business activities in the United States. 

Source: Fragomen
 
Disclaimer: http://bit.ly/163Agl

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