DHS Provides Guidance on Canadian and Mexican Border Restrictions Prohibiting Non-Essential Travel

The Department of Homeland Security (DHS) has provided guidance, albeit limited, confirming additional travel restrictions impacting the US - Canadian land border and the US - Mexican land border that had been mentioned by the President and members of the Administration earlier this week.

US-Canada Border Travel Restrictions

In its Joint Statement on US-Canada Joint Initiative, DHS announced that the US and Canada had decided collaboratively to temporarily restrict all “non-essential” cross-border travel in response to the COVID-19 pandemic. This travel restriction is effective March 21, 2020 and will remain in place for 30 days, at which point it will be reviewed by US and Canadian government officials to determine if it should be extended.

As for the definition of “non-essential” travel, the DHS Joint Statement states only that non-essential travel includes travel that is considered tourism or recreational in nature. This reflects a “negative-list approach” being taken by US and Canadian government officials in deciding who can cross the border, which means they have highlighted who shouldn’t be allowed, such as tourists or those travelling for pleasure, rather than who should.

Under this approach, individuals should be allowed to continue cross-border travel between the US and Canada for purposes related to trade and commerce, medical issues and employment, including temporary foreign workers with valid work visas. However, Ellis Porter will continue to monitor how this new travel restriction is actually being implemented in practice at the US-Canadian border and report any deviations from the guidance provided by DHS.

US-Mexico Border Travel Restrictions

In its Joint Statement on US-Mexico Joint Initiative, DHS announced that the US and Mexico had decided collaboratively to temporarily restrict all “non-essential” cross-border travel in response to the COVID-19 pandemic. This travel restriction is effective March 21, 2020 and will remain in place for 30 days, at which point it will be reviewed by US and Mexican government officials to determine if it should be extended.

As for the definition of “non-essential” travel, the DHS Joint Statement states only that non-essential travel includes travel that is considered tourism or recreational in nature, similarly reflecting a “negative-list approach.”

Under this approach, individuals should be allowed to continue cross-border travel between the US and Mexico for purposes related to trade and commerce, medical issues and employment, including temporary foreign workers with valid work visas. However, Ellis Porter will continue to monitor how this new travel restriction is actually being implemented in practice at the US-Mexican border and report any deviations from the guidance provided by DHS.