Trump Administration releases details on suspension of travel to US from Schengen countries of Europe

Last night The Office of the White House Press Secretary released details on the suspension of travel into the United States from certain persons present in the twenty-six countries comprising the Schengen Zone of Europe for public health and national security reasons.

Congress vested this authority to the Executive under specific laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code.

Also note the renaming of the novel (new) coronavirus to SARS-CoV-2.

Office of the Press Secretary FOR IMMEDIATE RELEASE March 11, 2020

SUSPENSION OF ENTRY AS IMMIGRANTS AND NONIMMIGRANTS OF CERTAIN ADDITIONAL PERSONS WHO POSE A RISK OF TRANSMITTING 2019 NOVEL CORONAVIRUS - - - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION        On January 31, 2020, I issued Proclamation 9984 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk).  I found that the potential for widespread transmission of a novel (new) coronavirus (which has since been renamed "SARS-CoV-2" and causes the disease COVID-19) ("SARS-CoV-2" or "the virus") by infected individuals seeking to enter the United States threatens the security of our transportation system and infrastructure and the national security.  Because the outbreak of the virus was at the time centered in the People's Republic of China, I suspended and limited the entry of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.  On February 29, 2020, in recognition of the sustained person-to-person transmission of SARS-CoV-2 in the Islamic Republic of Iran, I issued Proclamation 9992 (Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus), suspending and limiting the entry of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.      The Centers for Disease Control and Prevention (CDC), a component of the Department of Health and Human Services, has determined that the virus presents a serious public health threat, and CDC continues to take steps to prevent its spread.  But CDC, along with State and local health departments, has limited resources, and the public health system could be overwhelmed if sustained human-to-human transmission of the virus occurred in the United States on a large scale.  Sustained human-to-human transmission has the potential to cause cascading public health, economic, national security, and societal consequences.      The World Health Organization has determined that multiple countries within the Schengen Area are experiencing sustained person-to-person transmission of SARS-CoV-2.  For purposes of this proclamation, the Schengen Area comprises 26 European states: 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.  The Schengen Area currently has the largest number of confirmed COVID-19 cases outside of the People's Republic of China.  As of March 11, 2020, the number of cases in the 26 Schengen Area countries is 17,442, with 711 deaths, and shows high continuous growth in infection rates.  In total, as of March 9, 2020, the Schengen Area has exported 201 COVID-19 cases to 53 countries.  Moreover, the free flow of people between the Schengen Area countries makes the task of managing the spread of the virus difficult.      The United States Government is unable to effectively evaluate and monitor all of the travelers continuing to arrive from the Schengen Area.  The potential for undetected transmission of the virus by infected individuals seeking to enter the United States from the Schengen Area threatens the security of our transportation system and infrastructure and the national security.  Given the importance of protecting persons within the United States from the threat of this harmful communicable disease, I have determined that it is in the interests of the United States to take action 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.  The free flow of commerce between the United States and the Schengen Area countries remains an economic priority for the United States, and I remain committed to facilitating trade between our nations.      NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:      Section 1.  Suspension and Limitation on Entry.  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 is hereby suspended and limited subject to section 2 of this proclamation.      Sec. 2.  Scope of Suspension and Limitation on Entry.      (a)  Section 1 of this proclamation shall not apply to:           (i)     any lawful permanent resident of the United States;           (ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;           (iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;           (iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;           (v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;           (vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;           (vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;           (viii)  any alien                  (A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or                (B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;           (ix)    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;           (x)     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 of the Attorney General or his designee;           (xi)    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; or           (xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.      (b)  Nothing in this proclamation shall be construed to affect any individual's eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.      Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.      (b)  Consistent with applicable law, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any alien subject to this proclamation does not board an aircraft traveling to the United States.      (c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.      (d)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.      Sec. 4.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this proclamation as described in section 5 of Proclamation 9984, as amended.      Sec. 5.  Effective Date.  This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 11:59 p.m. eastern daylight time on March 13, 2020.      Sec. 6.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States.  Accordingly:      (a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and      (b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.      Sec. 7.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:           (i)   the authority granted by law to an executive department or agency, or the head thereof; or           (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.      (b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.      (c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.      IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of March, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.

BOOM! Secretary Azar tells lawmakers Obama FDA put up roadblocks controlling testing kits

For all the Democrats bellyaching, crying and whining about the availability of coronavirus testing kits, it seems their wrath should be directed to the Federal Drug Administration (FDA) under President Obama and not the Trump Administration. 

Here's what happened yesterday while you were preoccupied with voting, wall-to-wall media coverage of Super Tuesday and Fed Chair Jerome Powell remarks. 

President Trump held a roundtable briefing on coronavirus yesterday at the Vaccine research Center at the National Institutes of health in Bethesda, Maryland.

During that briefing HHS Secretary Azar was asked the following question: 

Mr. Secretary, can you talk about your meeting with lawmakers today and what specifically they’re asking the federal government?  What’s their biggest concern?

Here's his response:

As you know, our excellent teams down at the CDC developed the test really in record time, within t CD- -- at the FDA, under an emergency use authorization in record time.weeks of getting the genetic sequence back in January.  And we approved the diagnostic at CD- -- at the FDA, under an emergency use authorization in record time.

We’ve been able to be testing at CDC throughout, without any backlog in testing.  Our throughput has been great there.  We've had 12 labs qualify to be able to do the testing.  We did suffer a manufacturing issue on that test as it went out to the rest of the public health labs.

We've gotten that issue solved in the last week, so that’s up and running in the public health labs.  We also have gotten this test produced by this contractor to get it out.  So we will, this week, have up to 75,000 tests shipping out there to public health labs, as well as available to hospitals who order it.

And then something really important happened on Saturday morning.  

So one of the biggest issues around testing that people don’t understand is, during the Obama administration, the FDA, for the first time, asserted control and regulatory jurisdiction over what are called "lab developed tests."  

Before that, if a hospital or a lab, like a Quest Diagnostics, a Lab Corps, or an academic medical center would develop a test on their own with reagents and tests, they could just do that if they were a certified clinical lab, called a CLIA lab. 

But under the Obama administration, the FDA asserted jurisdiction and said, "You have to come to us first and get approval of that test before you can do it."  On Saturday morning, Commissioner Hahn issued guidance saying, under an emergency use authorization, we are permitting these labs -- these public health labs, these hospital labs, commercial labs -- to go ahead, get the test going, do your own test, make it available, and come to us for approval after the fact under emergency use authorization.

That will make, as Commissioner Hahn has said, millions of tests per week available quite rapidly. 

I'm beginning to wonder if it's even necessary to hold a Congressional vote on a coronavirus supplemental spending bill. 

Trump, Pence, coronavirus taskforce to meet with Pharma at 3:00 pm eastern

In advance of President Trump's Keep America Great rally in Charlotte, North Carolina later today the President received his intelligence briefing and is scheduled to meet with Vice President Pence and members of the Coronavirus Task Force and pharmaceutical executives at approximately 3:00 pm Eastern.

Earlier this morning Beatriz Pascual Macías of EFE, a leading Spanish news agency shared this pool report with remarks from President Trump:

Trump mentioned that he is going tonight to North Carolina for a rally. "We are working very hard with the CDC with everybody on a subject that has become a very big subject, our country is doing very well, our professionals are doing really an incredibly job., We are also working with other countries to help them , because they really have a fear of the unknown, we are working very much with a lot of other countries, including Colombia"
 
"Again we are doing very well. Some additional people were reported. We are in good shape but we have additional people that were reported, and not very many in the United States. "
 
"I am also meeting with the pharmaceutical companies, right around this afternoon."
 
"We're talking about a vaccine; maybe a cure is possible. So, we'll see about that. But we're about a vaccine; and they're moving along very quickly, all of the pharmaceutical companies, are moving along very quickly"
 
"We've asked them to accelerate whatever they're doing in terms of a vaccine. Absolutely."

 

President Trump expands coronavirus travel restrictions to include Iran

Recall that President Trump imposed travel restrictions on non-U.S. citizens present in or transiting through China into the United States due to the coronavirus on January 30, 2020. Earlier today those travel restrictions were expanded to include Iran.

Expect the Open Borders crowd who believes everyone on the planet who can make it to the United States is entitled to healthcare courtesy of the U.S. taxpayer to go bat-S@#$ crazy.

SUSPENSION OF ENTRY AS IMMIGRANTS AND NONIMMIGRANTS

OF CERTAIN ADDITIONAL PERSONS WHO POSE A RISKOF TRANSMITTING 2019 NOVEL CORONAVIRUS - - - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION 

     On January 31, 2020, I issued Proclamation 9984 (Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk).  I found that the potential for widespread transmission of a novel (new) coronavirus (which has since been renamed "SARS-CoV-2" and causes the disease COVID-19) ("SARS-CoV-2" or "the virus") by infected individuals seeking to enter the United States threatens the security of our transportation system and infrastructure and the national security.  Because the outbreak of the virus was (and is) centered in the People's Republic of China, I suspended and limited the entry of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.

    CDC has determined that the Islamic Republic of Iran (Iran) is experiencing sustained person-to-person transmission of SARS-CoV-2.  As of February 28, 2020, Iran had 388 cases of COVID-19, a significant increase from prior days.  In response to that increase, on February 28, 2020, CDC raised its infectious disease alert to level 3, its highest level, which recommends that travelers avoid all nonessential travel to Iran.  According to the World Health Organization, as of February 28, 2020, 97 COVID-19 cases have been exported from Iran to 11 other countries.

     Iran is not a trustworthy state actor, as it has repeatedly demonstrated through its history of engaging in malign activity, and confirmed most recently by its repeated denials of responsibility for shooting down an international airliner.  The United States Government is therefore unable to rely on official information disseminated by Iran, undermining the effective evaluation and monitoring of travelers continuing to arrive from that country. 

     The potential for undetected transmission of the virus by infected individuals seeking to enter the United States from Iran threatens the security of our transportation system and infrastructure and the national security.  Given the importance of protecting persons within the United States from the threat of this harmful communicable disease, I have determined that it is in the interests of the United States to take action to restrict and suspend the entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within Iran during the 14-day period preceding their entry or attempted entry into the United States.

     NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons described in section 1 of this proclamation would, except as provided for in section 2 of this proclamation, be detrimental to the interests of the United States, and that their entry should be subject to certain restrictions, limitations, and exceptions.  I therefore hereby proclaim the following:
 
     Section 1.  Suspension and Limitation on Entry.  The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.

     Sec. 2.  Scope of Suspension and Limitation on Entry.

     (a)  Section 1 of this proclamation shall not apply to:

          (i)     any lawful permanent resident of the United States;

          (ii)    any alien who is the spouse of a U.S. citizen or lawful permanent resident;

          (iii)   any alien who is the parent or legal guardian of a U.S. citizen or lawful permanent resident, provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21;

          (iv)    any alien who is the sibling of a U.S. citizen or lawful permanent resident, provided that both are unmarried and under the age of 21;

          (v)     any alien who is the child, foster child, or ward of a U.S. citizen or lawful permanent resident, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
 
          (vi)    any alien traveling at the invitation of the United States Government for a purpose related to containment or mitigation of the virus;
(vii)   any alien traveling as a nonimmigrant pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the United States as air or sea crew;
          (viii)  any alien

               (A)  seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or

               (B)  whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;
 

 
          (ix)    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;

          (x)     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 of the Attorney General or his designee;

          (xi)    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; or

          (xii)   members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

     (b)  Nothing in this proclamation shall be construed to affect any individual's eligibility for asylum, withholding of removal, or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws and regulations of the United States.
 
     Sec. 3.  Implementation and Enforcement.  (a)  The Secretary of State shall implement this proclamation as it applies to visas pursuant to such procedures as the Secretary of State, in consultation with the Secretary of Homeland Security, may establish.  The Secretary of Homeland Security shall implement this proclamation as it applies to the entry of aliens pursuant to such procedures as the Secretary of Homeland Security, in consultation with the Secretary of State, may establish.

     (b)  Consistent with applicable law, the Secretary of State, the Secretary of Transportation, and the Secretary of Homeland Security shall ensure that any alien subject to this proclamation does not board an aircraft traveling to the United States.

     (c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry.

     (d)  An alien who circumvents the application of this proclamation through fraud, willful misrepresentation of a material fact, or illegal entry shall be a priority for removal by the Department of Homeland Security.
 
     Sec. 4.  Amendments to Proclamation 9984.  Proclamation 9984 is amended as follows:

     (a)  Section 2(a)(viii) of Proclamation 9984 is amended to read as follows:  "(viii)  any alien (A) seeking entry into or transiting the United States pursuant to one of the following visas:  A-1, A-2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee's immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;"

     (b)  Section 3(c) of Proclamation 9984 is amended to read as follows:  "(c)  The Secretary of Homeland Security may establish standards and procedures to ensure the application of this proclamation at and between all United States ports of entry."

     (c)  Section 5 of Proclamation 9984 is amended to read as follows:
 
     "Sec. 5.  Termination.  This proclamation shall remain in effect until terminated by the President.  The Secretary of Health and Human Services shall, as circumstances warrant and no more than 15 days after the date of this proclamation and thereafter on the first and fifteenth day of each calendar month, recommend that the President continue, modify, or terminate this proclamation and any other proclamation suspending or limiting the entry of foreign nationals into the United States as immigrants or nonimmigrants because of the threat posed by the virus."

     Sec. 5.  Termination.  This proclamation shall remain in effect until terminated by the President. 

     Sec. 6.  Effective Date.  This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.  This proclamation does not apply to persons aboard a flight scheduled to arrive in the United States that departed prior to 5:00 p.m. eastern standard time on March 2, 2020.
 
     Sec. 7.  Severability.  It is the policy of the United States to enforce this proclamation to the maximum extent possible to advance the national security, public safety, and foreign policy interests of the United States.  Accordingly:

     (a)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this proclamation and the application of its provisions to any other persons or circumstances shall not be affected thereby; and

     (b)  if any provision of this proclamation, or the application of any provision to any person or circumstance, is held to be invalid because of the lack of certain procedural requirements, the relevant executive branch officials shall implement those procedural requirements to conform with existing law and with any applicable court orders.
 
     Sec. 8.  General Provisions.  (a)  Nothing in this proclamation shall be construed to impair or otherwise affect:
 
          (i)   the authority granted by law to an executive department or agency, or the head thereof; or
 
          (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
 
     (b)  This proclamation shall be implemented consistent with applicable law and subject to the availability of appropriations.
 
     (c)  This proclamation is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
 
     IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-ninth day of February, in the year of our Lord two thousand twenty, and of the Independence of the United States of America the two hundred and forty-fourth.