The announcement of a United States travel ban for individuals who have traveled to most of Europe took many by surprise earlier this week.
Essentially, if you’re not a “US passenger” – predominantly an American citizen or a US “lawful permanent resident” (see exceptions below) – and you have been in the European countries within the Schengen Area in the past 14 days, you cannot enter the US. The ban has been extended to the UK and Ireland.
Moreover, US travelers who have visited the Schengen Area are now required to enter through select airports where additional health screenings will be conducted. The US Department of Homeland Security states that they are operating based on the official written Presidential Proclamation, which diverges somewhat from initial announcements.
Who is Affected? Travelers from the Schengen Area
The travel ban commenced on Friday, impacting individuals who have been to countries within the Schengen Area – the common travel area in continental Europe with no internal border checks, which does not strictly correspond to the European Union.
The Schengen countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland. Interestingly, Iceland, Norway, Switzerland, and Liechtenstein are part of Schengen but not EU members.
Furthermore, the small city-states of Monaco, San Marino, and Vatican City are technically not part of Schengen, yet they have effectively opened their borders since they are entirely surrounded by France or Italy. It remains uncertain how these nationals will be processed.
It is also important to note that five EU members are not part of Schengen: Ireland chose to opt-out and maintains a common zone with the UK (the UK is now outside the EU and Schengen). Although Ireland and the UK were initially excluded from the original ban, President Trump later extended it to include these countries starting at midnight EST on Monday.
Who is Affected? Predominantly Non-Americans with Many Exceptions
The proclamation aims “to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States.”
In this context, aliens generally refers to “people who aren’t US citizens”; however, there are more than a dozen categories that are exempt:
- US permanent residents
- Spouses of US citizens or permanent residents
- Parents/guardians of US citizens or permanent residents if that US citizen or permanent resident is under 21 and unmarried
- Siblings of US citizens or permanent residents if both the sibling and US citizen or permanent resident are under 21 and unmarried
- Children of US citizens or permanent residents (including foster children and wards, and certain prospective adoptees)
- If the US government has invited you to travel for “a purpose related to the containment or mitigation of the virus”
- Air or sea crew, or non-immigrants traveling on C-1, D, or C-1/D visas
- Members of the US armed forces, including their spouses and children
- Several categories of diplomats and staff from international organizations such as NATO and the UN
Additionally, there are exceptions contingent upon US government approval, inclusive of:
- Any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee
- Any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation from the Attorney General or his designee
- Any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designees
What Does It Mean for Travelers?
In conclusion, if you are contemplating travel and find yourself in a “might be affected” grey area – or even if you believe you’re not – the situation is undoubtedly challenging.
Theoretically, your airline should reimburse you if you are unable to travel; however, achieving this may require significant persistence on your part. Travel insurance might cover some expenses, but it can be complicated and will demand considerable time and effort. There is abundant “contact your airline” advice available, which is useful in theory; nevertheless, expect that call centers will be overwhelmed. Hence, try to leverage online options, airline apps, and social media for assistance. An unlimited international calling plan may also prove beneficial if lengthy phone calls are anticipated.
Whether it’s airlines, airports, security screening companies, US immigration officials, or a combination of these entities, managing such a scenario consistently is extraordinarily complex. There exists the potential for individuals who should, in principle, be granted entry to the country, to be denied boarding at overseas airports or to be turned away upon arrival in the US. It is essential to exercise patience while everyone navigates these new regulations.
This article was originally published on 12 March 2020 and updated on 14 March 2020.
