January 20, 2022

Board Members,

CBP tonight held a briefing for the cross-border trade community on this weekend’s (midnight Jan. 22) implementation of a vaccine requirement for non-U.S. persons crossing into the U.S. who were previously exempt from a vaccine requirement because they were classified as “essential” travelers.

The message delivered from CBP and DHS on the call was consistent with the press release below.

A few additional points:

  • A U.S. Federal Register notice will publish tomorrow
  • The vaccine requirement does not apply to U.S. citizens or legal permanent residents
  • This is essentially an extension of the policy that was implemented in November for “non-essential” travelers.
  • Border crossers should be prepared to attest to their vaccination status and, if asked by a CBP officer, to produce proof of vaccination.
  • Valid vaccines are the three approved by FDA and the additional vaccines approved by the World Health Organization. (Acceptable vaccine types and proof here.)
  • As always, crossers – regardless of the nature of their trip – should have a valid travel document (i.e. passport)
  • There are some exemptions: Individuals traveling on official diplomatic business; persons under age 18; persons participating in vaccine drug trials; persons with a medical exemption from vaccination.
  • There are no special accommodations or exemptions for crossers with an H2A visa.
  • There is not a testing component to these requirements, nor is one being contemplated at this time.
  • CBP says it is staffed to handle normal commercial truck and rail traffic. The agency does not necessarily have the ability to shift resources to the land POEs. However, the agency continues to add staff as it is able based on its Workforce Staffing Model.
  • In the case of a truck driver who cannot attest that he or she has been vaccinated, that driver will be refused entry and turned around. If this were to occur, the most appropriate scenario would be to cancel the entry and get a compliant driver to make the trip, which should be reflected in ACE.
  • If you have some unique business scenario that needs further clarification, please email tradeevents@cbp.dhs.gov.

 

U.S. DEPARTMENT OF HOMELAND SECURITY

Office of Public Affairs
DHS to Require Non-U.S. Individual Travelers Entering the United States at Land Ports of Entry and Ferry Terminals to be Fully Vaccinated Against COVID-19

New Requirements at Land Ports of Entry and Ferry Terminals Will Protect Public Health While Facilitating Cross-Border Trade and Travel
WASHINGTON – Beginning on January 22, 2022, DHS will require non-U.S. individuals seeking to enter the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated for COVID-19 and provide related proof of vaccination, as COVID-19 cases continue to rise nationwide. These new restrictions will apply to non-U.S. individuals who are traveling for both essential and non-essential reasons. They will not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals.

“Starting on January 22, 2022, the Department of Homeland Security will require that non-U.S. individuals entering the United States via land ports of entry or ferry terminals along our Northern and Southern borders be fully vaccinated against COVID-19 and be prepared to show related proof of vaccination,” said Secretary Alejandro N. Mayorkas. “These updated travel requirements reflect the Biden-Harris Administration’s commitment to protecting public health while safely facilitating the cross-border trade and travel that is critical to our economy.”

These changes – which were first announced in October 2021 and made in consultation with the White House and several federal agencies, including the Centers for Disease Control and Prevention (CDC) – will align public health measures that govern land travel with those that govern incoming international air travel.

Non-U.S. individuals traveling to the United States via land ports of entry or ferry terminals, whether for essential or non-essential reasons, must:

  • verbally attest to their COVID-19 vaccination status;
  • provide proof of a CDC-approved COVID-19 vaccination, as outlined on the CDC website;
  • present a valid Western Hemisphere Travel Initiative (WHTI)-compliant document, such as a valid passport, Trusted Traveler Program card, or Enhanced Tribal Card; and,
  • be prepared to present any other relevant documents requested by a U.S. Customs and Border Protection (CBP) officer during a border inspection.

COVID-19 testing is not required for entry via a land port of entry or ferry terminal.

Although these new vaccination requirements do not apply to U.S. citizens, Lawful Permanent Residents, or U.S. nationals, all travelers are reminded to bring a WHTI-compliant document when re-entering the United States. Non-U.S. individuals attempting to enter the United States irregularly, through any illegal means or without proper documentation, will continue to be expelled pursuant to CDC’s Title 42 public health order.

To help reduce wait times, travelers can take advantage of facial biometrics and CBP One™, which is a single portal for CBP mobile applications and services.

To learn more about the updated requirements for travelers, review the DHS fact sheet.
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