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Federal Register / Vol. 86, No. 52 / Friday, March 19, 2021 / Rules and Regulations
pandemic and stated that, given the outbreak and continued transmission and spread of the virus associated with COVID19 within the United States and globally, DHS had determined that the risk of continued transmission and spread of the virus associated with COVID19 between the United States and Mexico posed a specific threat to human life or national interests. DHS
later published a series of notifications continuing such limitations on travel until 11:59 p.m. EDT on March 21, 2021.2
DHS continues to monitor and respond to the COVID19 pandemic. As of the week of March 7, 2021, there have been over 116.1 million confirmed cases globally, with over 2.5 million confirmed deaths.3 There have been over 29.2 million confirmed and probable cases within the United States,4 over 881,000 confirmed cases in Canada,5 and over 2.1 million confirmed cases in Mexico.6

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Notice of Action Given the outbreak and continued transmission and spread of COVID19
within the United States and globally, the Secretary has determined that the risk of continued transmission and spread of the virus associated with COVID19 between the United States and Mexico poses an ongoing specific threat to human life or national interests.
U.S. and Mexican officials have mutually determined that non-essential travel between the United States and Mexico poses additional risk of transmission and spread of the virus associated with COVID19 and places the populace of both nations at 2 See 86 FR 10816 Feb. 23, 2021; 86 FR 4967
Jan. 19, 2021; 85 FR 83433 Dec. 22, 2020; 85 FR
74604 Nov. 23, 2020; 85 FR 67275 Oct. 22, 2020;
85 FR 59669 Sept. 23, 2020; 85 FR 51633 Aug.
21, 2020; 85 FR 44183 July 22, 2020; 85 FR 37745
June 24, 2020; 85 FR 31057 May 22, 2020; 85 FR
22353 Apr. 22, 2020. DHS also published parallel notifications of its decisions to continue temporarily limiting the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border to essential travel. See 86 FR 10815 Feb. 23, 2021; 86 FR
4969 Jan. 19, 2021; 85 FR 83432 Dec. 22, 2020;
85 FR 74603 Nov. 23, 2020; 85 FR 67276 Oct. 22, 2020; 85 FR 59670 Sept. 23, 2020; 85 FR 51634
Aug. 21, 2020; 85 FR 44185 July 22, 2020; 85 FR
37744 June 24, 2020; 85 FR 31050 May 22, 2020;
85 FR 22352 Apr. 22, 2020.
3 WHO, Coronavirus disease 2019 COVID19
Weekly Epidemiological Update Mar. 7, 2021, available at https www.who.int/publications/m/
item/weekly-epidemiological-update---10-march2021.
4 CDC, COVID Data Tracker accessed Mar. 15, 2021, https covid.cdc.gov/covid-data-tracker/
cases_casesper100klast7days.
5 WHO, COVID19 Weekly Epidemiological Update Mar. 7, 2021.
6 Id.

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increased risk of contracting the virus associated with COVID19. Moreover, given the sustained human-to-human transmission of the virus, returning to previous levels of travel between the two nations places the personnel staffing land ports of entry between the United States and Mexico, as well as the individuals traveling through these ports of entry, at increased risk of exposure to the virus associated with COVID19. Accordingly, and consistent with the authority granted in 19 U.S.C.
1318b1C and b2,7 I have determined that land ports of entry along the U.S.-Mexico border will continue to suspend normal operations and will only allow processing for entry into the United States of those travelers engaged in essential travel, as defined below. Given the definition of essential travel below, this temporary alteration in land ports of entry operations should not interrupt legitimate trade between the two nations or disrupt critical supply chains that ensure food, fuel, medicine, and other critical materials reach individuals on both sides of the border.
For purposes of the temporary alteration in certain designated ports of entry operations authorized under 19
U.S.C. 1318b1C and b2, travel through the land ports of entry and ferry terminals along the United StatesMexico border shall be limited to essential travel, which includes, but is not limited to U.S. citizens and lawful permanent residents returning to the United States;
7 19 U.S.C. 1318b1C provides that notwithstanding any other provision of law, the Secretary of the Treasury, when necessary to respond to a national emergency declared under the National Emergencies Act 50 U.S.C. 1601 et seq.
or to a specific threat to human life or national interests, is authorized to take any . . . action that may be necessary to respond directly to the national emergency or specific threat. On March 1, 2003, certain functions of the Secretary of the Treasury were transferred to the Secretary of Homeland Security. See 6 U.S.C. 2022, 2031.
Under 6 U.S.C. 212a1, authorities related to Customs revenue functions were reserved to the Secretary of the Treasury. To the extent that any authority under section 1318b1 was reserved to the Secretary of the Treasury, it has been delegated to the Secretary of Homeland Security. See Treas.
Dept Order No. 10016 May 15, 2003, 68 FR
28322 May 23, 2003. Additionally, 19 U.S.C.
1318b2 provides that notwithstanding any other provision of law, the Commissioner of U.S.
Customs and Border Protection, when necessary to respond to a specific threat to human life or national interests, is authorized to close temporarily any Customs office or port of entry or take any other lesser action that may be necessary to respond to the specific threat. Congress has vested in the Secretary of Homeland Security the functions of all officers, employees, and organizational units of the Department, including the Commissioner of CBP. 6 U.S.C. 112a3.

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Individuals traveling for medical purposes e.g., to receive medical treatment in the United States;
Individuals traveling to attend educational institutions;
Individuals traveling to work in the United States e.g., individuals working in the farming or agriculture industry who must travel between the United States and Mexico in furtherance of such work;
Individuals traveling for emergency response and public health purposes e.g., government officials or emergency responders entering the United States to support federal, state, local, tribal, or territorial government efforts to respond to COVID19 or other emergencies;
Individuals engaged in lawful crossborder trade e.g., truck drivers supporting the movement of cargo between the United States and Mexico;
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 militaryrelated travel or operations.
The following travel does not fall within the definition of essential travel for purposes of this Notification Individuals traveling for tourism purposes e.g., sightseeing, recreation, gambling, or attending cultural events.
At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico. These restrictions are temporary in nature and shall remain in effect until 11:59 p.m. EDT on April 21, 2021. This Notification may be amended or rescinded prior to that time, based on circumstances associated with the specific threat.8
The Commissioner of U.S. Customs and Border Protection CBP is hereby directed to prepare and distribute appropriate guidance to CBP personnel on the continued implementation of the temporary measures set forth in this Notification. The CBP Commissioner may determine that other forms of travel, such as travel in furtherance of economic stability or social order, constitute essential travel under this Notification. Further, the CBP
Commissioner may, on an individualized basis and for 8 DHS is working closely with counterparts in Mexico and Canada to identify appropriate public health conditions to safely ease restrictions in the future and support U.S. border communities.

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