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Higgins announces details on ‘essential’ and ‘non-essential’ travel guidelines

The U.S.-Canadian border is subject to new restrictions starting at 11:59pm EDT on Monday, March 20, 2020, limiting crossing at Land Ports of Entry to essential travel only. In an effort to limit the continuing spread of COVID-19, the U.S. Department of Homeland Security (DHS) will temporarily impose these restrictions until 11:59 p.m. EDT on April 20, 2020. After the 30-day period, the restrictions will be reviewed by both parties.

Congressman Brian Higgins has now made the specifics of the directive available, with details provided by the U.S. Customs and Border Protection (CBP) further defining “essential travel.” According to a press release from Congressman Higgins’ offices, “essential travel” includes, but is not limited to:

  • U.S. citizens and lawful permanent residents returning to the United States;

  • 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 Canada 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 COVID-19 or other emergencies);

  • Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Canada);

  • 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 military-related travel or operations. 

Traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events) is considered to be non-essential.

According to the press release, the above-listed guidelines apply to passenger rail and ferry travel between the U.S. and Canada, but do not apply to air, freight rail, or sea travel.

If you need assistance or advisement regarding an immigration matter that will be impacted by the new restrictions listed above, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.