In accordance with President Biden’s Executive Order issued on January 21 regarding COVID-19 safety, Customs and Border Protection (CBP) has issued new guidance. Effective February 2, CBP is enforcing the requirement that travelers wear face masks at all air, land and sea ports of entry in the U.S. CBP Officers will require travelers to temporarily lower their mask during the inspection process to verify their identity. Individuals on private transportation such as personal vehicles are not required to wear a mask while driving, but must use a mask once they enter an air, land, or sea port facility.

The Centers for Disease Control and Prevention (CDC) has also issued an Order entitled “Requirement for Persons to Wear Masks While on Conveyances and at Transportation Hubs.” According to these new requirements, everyone over the age of 2 must wear a mask that completely covers the nose and mouth of the wearer while on public conveyances (e.g., airplanes, ships, ferries, trains, subways, buses, taxis, ride-shares) traveling into, within, or out of the United States. People must wear properly fitted masks when awaiting, boarding, traveling on, or disembarking public conveyances or transportation hubs.

According to the CDC guidelines, cloth masks should be made with two or more layers of a breathable fabric that is tightly woven (i.e., fabrics that do not let light pass through when held up to a light source). Masks should be secured to the head with ties, ear loops, or elastic bands that go behind the head and should fit snugly but comfortably against the side of the face. Masks should be a solid piece of material without slits, exhalation valves, or punctures.

The mask requirement does not apply to persons with disabilities, who cannot safely wear a mask due to a disability as defined by the Americans with Disabilities Act, or to individuals for whom wearing a mask would create a risk to workplace health, safety, or job duty.

The mask requirement will remain in effect until further notice. Failure to comply with the mask requirement can result in denial of transport or other civil/criminal penalties under 18 U.S.C. 3559, 3571.

Serotte Reich will continue to provide updates as new developments affecting immigration continue to occur frequently during the COVID-19 pandemic. Please contact our office via our website or by phone at (716) 854-7525 to schedule a consultation if you have an immigration matter that has been affected by the pandemic and have questions or require assistance.