30-day Extension Limiting travel between U.S., Canada, and Mexico to Essential Travel

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The U.S. Department of Homeland Security (DHS) has determined that the risk of continued transmission and spread of COVID-19 between the U.S., Canada, and Mexico poses an ongoing “specific threat to human life or national interests”. All three countries have decided non-essential travel will expose people to unnecessary risk to contracting COVID-19. Traveling through land ports of entry and ferry terminals long the U.S- Canada and Mexican border have been limited to “essential travel” only since March 20, 2020. This past week, DHS announced this policy would be extended for at least another 30 days until June 20, 2020.

The travel restriction does not apply to:

  • 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 agriculture industry who must travel between the United States and Canada or 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 Canada and Mexico).

  • Individuals engaged in official government travel or diplomatic travel.

  • Individuals engaged in military-related travel or operations.

Examples of non-essential travel are traveling for tourism purposes which include sightseeing, recreation and attending cultural events.

While the restriction exempts persons traveling to the U.S. for work, we have seen a stricter interpretation being applied at certain land borders.  For example, even though travel to work is considered essential, in some cases CBP is denying entry to those who cannot establish that their particular work is “essential”.  Therefore, please consider this before making travel plans to cross over land borders.  Also, please note this restriction does not apply to air, rail, or sea travel at this time, but does apply to commuter rail and pleasure boat/ferry travel. These restrictions are temporary but may be extended again or amended at any time.

 Iandoli Desai & Cronin P.C. will continue to monitor the situation and provide updates.