The US Now Requiring Negative COVID-19 Test for Air Travelers from the UK

The Centers for Disease Control and Prevention (CDC) announced that effective December 28, 2020, American and foreign national air passengers arriving from the United Kingdom to the United States must test negative for coronavirus via the PCR or antigen test no more than seventy-two hours before departure from the UK to the US. The CDC notes that this order comes after UK public health authorities announced the discovery of a new variant of SARS-CoV-2 which may be up to seventy percent more transmissible than previously circulating variants. Numerous countries have announced new restrictions on UK travelers due to this new variant.

The CDC notes that this “additional testing requirement will fortify our protection of the American public to improve their health and safety and ensure responsible international travel.” In a statement, CDC explains: "Passengers are required to get a viral test (i.e., a test for current infection) within the 3 days before their flight from the U.K. to the U.S. departs, and provide written documentation of their laboratory test result (in hard copy or electronic) to the airline. Airlines must confirm the negative test result for all passengers before they board. If a passenger chooses not to take a test, the airline must deny boarding to the passenger."

President Trump's Announcement on Suspending Immigration to the United States

UPDATE APRIL 23, 2020: President Trump signed a proclamation on suspending entry of immigrants to the US for 60 days.

President Trump announced late Monday night in a tweet that he plans to temporarily “suspend immigration” to the United States, a move he said is needed to protect American jobs and prevent the further spread of coronavirus (COVID-19), which he called “the Invisible Enemy.” White House officials reported that they are drafting an executive order that Trump could sign as early as today. At this time, it is unclear what exactly such an executive order would accomplish. Last month, the State Department canceled most routine immigrant and nonimmigrant visa appointments at US Embassies/Consulates abroad, effectively shutting down nearly all kinds of new travel to the US for nonimmigrants and immigrants. The US has also already enacted restrictions on international travel from Europe, China, and other countries affected by COVID-19, and has placed strict controls at the country’s land borders.

The State Department also stopped all processing for refugee resettlement, while citizenship ceremonies have been suspended as well as in-person services by US Citizenship & Immigration Services (USCIS). It is unclear if the order will simply extend these policies already in effect or if it will go further to suspend Green Card and visa petitions filed by employers.  Once the order is issued, we would expect to have a clearer idea of what to expect. We will publish additional updates on the executive order as soon as we receive them.   

UPDATE APRIL 22, 2020:  Yesterday, President Trump provided some additional details about his proposed immigration ban. He indicated that foreign nationals would not be able to file immigrant visa applications for sixty days. Those with nonimmigrant visas (like O-1, H-1B, TN, E-3, P-1, J-1, F-1, etc.) would not be affected by the restrictions. Since the president has not signed the final order yet, some of this may change but we will continue to update this page as we receive guidance and information.

New York Times: “Trump Administration Freezes Global Entry Enrollment in New York Over Immigration Law”

The Department of Homeland Security (DHS) announced last week that New York residents can no longer apply for or re-enroll in Trusted Traveler programs including Global Entry, NEXUS, SENTRI, and FAST, because of the recently passed “Green Light Law” that allows undocumented immigrants in New York State to obtain driver’s licenses. Chad Wolf, the acting secretary of homeland security, said in a letter to the New York State government that DHS was taking this action since the “Green Light Law” prevents Immigration & Customs Enforcement (ICE) and Customs & Border Protection (CBP) from gaining access to the state’s DMV databases without a court order.  “Although DHS. would prefer to continue our longstanding cooperative relationship with New York on a variety of these critical homeland security initiatives,” Wolf wrote in the letter, “this act and the corresponding lack of security cooperation from the New York DMV requires DHS to take immediate action to ensure DHS’s efforts to protect the homeland are not compromised.”

In response, Governor Andrew M. Cuomo announced on February 7 New York State's intent to sue the federal government regarding this DHS decision. "Time and time again President Trump and his Washington enablers have gone out of their way to hurt New York and other blue states whenever they can as punishment for refusing to fall in line with their dangerous and divisive agenda," Governor Cuomo said. "The Department of Homeland Security's decision to ban New Yorkers from the Trusted Traveler Program is yet another example of this administration's disrespect of the rule of law, hyper-partisan politics and use of extortion. There is no rational basis for this politically motivated ban, and we are taking legal action to stop the federal government from inconveniencing New Yorkers to score political points.”