COVID-19 Travel: U.S., Mexico and Canada – Temporary Travel Restrictions for Land Ports of Entry & Ferry Service

The United States reached mutual agreements with Canada and Mexico to limit non-essential travel at land Ports of Entry and ferry terminals  to reduce the spread of COVID-19.  The restrictions do not apply to air travel.

Effective Dates

The restrictions are effective as of March 20, 2020 at 11:59 p.m. EDT and will remain in effect until at least April 20, 2020 at 11:59 p.m. EDT.

Restricted Non-Essential Travel

Restricted non-essential travel includes individuals traveling to the U.S.  for tourism purposes, including sightseeing, recreation, gambling, or attending cultural events.

Essential Travel

Essential travel is permitted.  On March 24, 2020, U.S. Customs and Border Protection (CBP) published Federal Register notices with additional information about impacted travel from Canada and Mexico  Mexico, specifying that essential travel includes, but is not limited to:

• U.S. citizens and lawful permanent residents returning to the United States;
• Individuals traveling for medical purposes (g.,to receive medical treatment in the United States);
• Individuals traveling to attend educational institutions;
• Individuals traveling to work in the United States (g.,individuals working in the farming or agriculture industry who must travel between the United States and Mexico or Canada in furtherance of such work);
• Individuals traveling for emergency response and public health purposes (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 (g.,truck drivers supporting the movement of cargo between the United States and Mexico or Canada);
• Individuals engaged in official government travel or diplomatic travel;
• Members of the U.S. Armed Forces, and the spouses and children of members of the U.S. Armed Forces, returning to the United States; and
• Individuals engaged in military-related travel or operations.

Essential Travel Caution

Despite CBP’s fairly broad definition of essential travel, not all business travel may be deemed essential by a CBP officer at a Port of Entry.  The American Immigration Lawyers Association is reporting that CBP at some Ports of Entry on the Canadian border continue to adjudicate L petitions and TN applications, while other ports indicate that they waiting for more guidance. There are also anecdotal reports that some CBP officers have denied  petitions and admission to individuals  because their  employment is not deemed essential.

With respect to travel from Mexico, U.S. consular closures in Mexico directly impact the ability to secure L and TN visas for admission to the U.S.

Travelers with valid visas and visa exempt travelers, including individuals traveling on the Visa Waiver Program, may be admitted at Ports of Entry from Canada or  Mexico, though these travelers should also expect  scrutiny  as to whether their travel meets essential travel criteria. Individuals planning to enter the U.S. from Canada or Mexico during the restricted period should confer with counsel prior to travel.

As a reminder, foreign nationals who have traveled in one of the otherwise restricted countries (China, Iran and Europe) in the 14 days prior to requesting admission to the U.S. from Canada or Mexico will not be admitted.

Finally, CBP advises that any person with COVID-19 symptoms  should not make a personal appearance  at a Port of Entry.

For additional information, please contact your Gibney representative or email info@gibney.com.