Airport Alert: Revised COVID Testing Requirements for International Arrivals and Continued Travel Restrictions

January 26, 2021

Yesterday the Centers for Disease Control and Prevention (CDC) revised its order that required proof of a negative COVID-19 test or documentation of recovery from COVID-19 for all air passengers arriving in the United States from a foreign country. This order becomes effective today. Also, the White House issued a proclamation that continued to restrict the travel of non-U.S. citizens into the United States from certain countries and expanded the list of prohibited countries to include the Republic of South Africa 

COVID-19 Testing Requirements:  CDC updated its order, originally issued on January 12, 2021, that required all international air passengers (ages 2 and above) to obtain a negative COVID test result within three days before their flight in the United States and to provide written documentation of their viral test results or proof of having recovered from COVID-19 to the airlines. This documentation must be in either a written or electronic format. The airlines are required to confirm the negative test result for all passengers or the documentation of recovery before they board the traveler. If a passenger does not provide proof of a negative test or recovery or chooses not to take a viral test, the airline must deny boarding to the passenger. Passengers are required to produce the test result or documentation of recovery to any U.S. government or public health official upon request. Test results are not valid if there is a break in the travel journey of 24 hours or more.  

The revised order adds more details to some of the exemptions previously outlined. Specifically:  

  • It eliminates language that would have granted aircraft or airlines specific waivers from the order based on CDC's determination that a foreign country lacks COVID testing capability. The order now permits "individuals or organizations" a humanitarian exemption based on both exigent circumstances where emergency travel is required to preserve health and safety (emergency medical evacuations) and where pre-departure testing cannot be accessed and completed before travel. The order states that additional requirements may be placed on those granted such an exemption, including but not limited to post-arrival testing and quarantining in the United States.
  • It requires Federal law enforcement personal traveling on orders for training or business purposes to be subject to the testing order. Only those officers traveling to carry out a law enforcement function are now exempt.
  • It expands the definition of Department of Defense personnel exempt from this testing requirement to include civilians, contractors, dependents, and other U.S. government employees traveling on DOD assets.  

As a reminder, CDC continues to recommend that even if a traveler has tested negative before their flight to the United States that travelers should get tested 3-5 days after travel AND stay home or otherwise self-quarantine for 7 days after travel. 

For additional information, the CDC has updated its frequently asked questions and a copy of the health attestation form

Continued and Expanded Travel Restrictions: Yesterday, the Administration issued a Presidential proclamation that continued to restrict and suspend entry into the United States of non-U.S. citizens who have been present in the EU (Schengen area), the United Kingdom, the Republic of Ireland, and Brazil for 14 days before their attempted entry into the United States. These restrictions have been in place since the last spring. The previous Administration announced a planned repeal of these restrictions; however, the proclamation issued yesterday reversed that January 18th decision. 

The proclamation also prohibited non-U.S. citizens coming from the Republic of South Africa from entry into the United States beginning on January 30, 2021.

Consistent with past travel restriction proclamations to reduce the transmission of the coronavirus, these limitations do not apply to U.S. citizens, legal permanent residents, and some other exempt categories (e.g., diplomats and their families, aircrew). 

The CDC order requiring a negative COVID-19 test or documentation of having recovered does not exempt a foreign national from the travel restrictions outlined in the Presidential proclamations.

This proclamation remains in effect until terminated; however, the Secretary of Health and Human Services is to review it at least once every 30 days and make recommendations to the White House if the proclamation should be continued, revised, or terminated by the end of each month.