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IMMIGRATION DECEMBER 17, 2021 | The Indian Eye 40
the ineffectiveness of the
latest omicron travel Ban
From the perspective of
immigration lawyers
CYRuS D. MEhTA & ment to the World Health Mozambique, Namibia, and el 4 Travel Health Notice for demonstrate that they are do-
Organization (WHO) that Zimbabwe in 14 days preced- South Africa, indicating: “Do ing something to prevent the
KAITLYN BOx*
a new B.1.1.529 (Omicron) ing their entry from coming not travel to South Africa due spread of the new variant even
variant of the virus that caus- into the United States. The to COVID-19.” if it has spread already and its
n November 26, 2021, es COVID-19 was detected administration has indicated As we have argued in pri- effects are largely unknown.
President Biden is-
osued a Presidential in the country. Reports from that it could add additional or blogs, travel bans are not The existing set of Presidential
the WHO indicate that cer-
countries to the list if needed.
an effective means of curbing Proclamations suspending the
Proclamation entitled “A tain characteristics of the Unlike the previous the spread of COVID-19. entry of nonimmigrants who
Proclamation on Suspension Omicron variant, including an COVID-related travel ban Like previous iterations of the had recently been present in
of Entry as Immigrants and increased risk of reinfection, for India that applied only COVID-related travel bans, a host of countries impacted
Nonimmigrants of Certain make it a particular cause for to nonimmigrants, this Proc- this most recent Proclamation by COVID-19 terminated as
Additional Persons Who concern. The Proclamation lamation, like the omnibus outlines a number of exemp- recently as November 8, 2021.
Pose a Risk of Transmitting bans many travelers who have Proclamation of January 25, tions for certain categories of Like its predecessors, the new
Coronavirus Disease 2019” been in South Africa or neigh- 2020, bars nonimmigrants travelers, all of who are just Proclamation is likely to do
in response to a report made boring countries Botswana, and immigrants alike from as likely to carry COVID-19 little to prevent COVID-19
by the South African govern-
Eswatini, Lesotho, Malawi, entering the United States. as the immigrants and nonim- infections in the United
The ban appears to apply migrants who are barred from States, but is sure to devastate
even to individuals who entering the United States. families, separate employees
are fully vaccinated. Pres- from their U.S. employees,
ident Biden’s most recent even a nonvaccinated and cause untold hardship
Proclamation does share and confusion for unwary
one commonality with its u.S. citizen who had re- travelers. Past precedent has
predecessors, though – it cently been present in also shown that once a ban is
exempts numerous cate- imposed, it is not likely to get
gories of travelers from South africa could freely rescinded soon.
the restrictions, includ- enter the united States Furthermore, the Proc-
ing U.S. citizens, LPRs, lamation penalizes South
spouses of US citizens under the proclamation, Africa for detecting the Omi-
or permanent residents, while a fully vaccinated cron variant and altering the
parents of minor US cit- WHO to its dangers. South
izens or permanent res- nonimmigrant could not. African President Cyril Ra-
idents, and noncitizens of course, all travelers maphosa has condemned the
whose entry would be in ban, describing its uselessness
the national interest. Sev- must undertake Covid in preventing the spread of
eral other countries have tests before entering the COVID-19 and its potential
issued similar restrictions for causing serious damage to
on travel from South uS, and noncitizen trav- the South African economy.
Africa and neighboring elers with very few excep- Further underscoring the fu-
m of countries, including the tility of the ban, South Africa
CYRUS D. MEHTA & PARTNERS PLLC European Union, Aus- tions must be vaccinated. has higher vaccination rates
tralia, Bahrain, Brazil, and more sophisticated sci-
Canada, Egypt, Jordan, Ensuring that these pro- entific and medical facilities
Saudi Arabia, Singapore, tocols are strictly adhered to, than most African countries,
Thailand, Turkey, and the including testing after arrival though it has still faced some
United Kingdom. Japan in the US, and even quarantin- challenges in administering
and Israel have sealed ing as necessary, will be more vaccines quickly enough. Al-
their borders to all for- effective than a travel ban. though the Omicron variant
eigners. On November Travel bans seem to be based has also been detected in
27, 2021, the Department more on politics rather than Belgium, Brazil, Hong Kong,
2 6th Floor
of State also issued a Lev- on science so that leaders can Israel, the United Kingdom,
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