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

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 August 21, 2021, according to a set of notifications to be published in tomorrow’s Federal Register. The restrictions were due to expire today, July 21.

The Canadian government recently announced that effective August 9 at 12:01 EDT, non-essential travel from the United States to Canada will be allowed for fully vaccinated U.S. nationals and permanent residents who reside in the United States; these travelers will also be exempt from quarantine in Canada.

Also, beginning September 7, fully vaccinated travelers from all other countries will also be able to enter Canada without quarantine as long as the status of the COVID situation in Canada remains favorable, according to the Canadian government. The United States has not announced a similar relaxation of its border policy. U.S. restrictions will continue to be reviewed based on the status of the COVID emergency in the coming month.

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. 

The easing of Canadian border restrictions for certain fully vaccinated travelers in August and September will permit increased travel from the United States to Canada in the coming months.

Fragomen is closely monitoring the Canada and Mexico border restrictions and will issue follow-up alerts as developments occur. For the latest information related to the coronavirus’ impact on immigration-related matters worldwide, please visit Fragomen’s dedicated COVID-19 website. 

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.