CDC AND CBP RESTRICT ENTRY FROM SEVERAL AFRICAN COUNTRIES DUE TO EBOLA OUTBREAK
June 3, 2026
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On May 18, 2026, the Centers for Disease Control and Prevention (“CDC”) issued an Order and invoked an emergency public health law to suspend entry for a period of thirty (30) days into the United States for all “covered aliens” who are non-excepted persons that have recently been in the Democratic Republic of the Congo, Uganda, or South Sudan within the last twenty-one (21) days (regardless of their country of origin). U.S. Customs and Border Protection (“CBP”) also issued a bulletin through its Carrier Liaison Program indicating that the CDC will conduct enhanced public health screenings on arriving international travelers identified as having been present in any of the three countries within the last twenty-one (21) days. These notices were issued to protect the United States from the introduction of the Ebola virus as suspected cases increase worldwide and they further cited the Public Service Act as the statutory authority, which empowers U.S. regulators to prevent foreign nationals from entering the United States when necessary to avoid a “serious danger” posed by the presence of a communicable disease. The notices specify that current entry restrictions do not apply to the following:
- U.S. citizens, U.S. nationals, and lawful permanent residents;
- Members of the armed forces of the United States and associated personnel, U.S. government personnel serving overseas, associated personnel, and their spouses and children;
- Persons whom CBP officers determine should be excepted; and
- Noncitizens who would otherwise be subject to this CDC order, who are permitted to enter the United States as part of a DHS-approved process.
A second CBP Carrier Liaison Program bulletin was then issued on May 20, 2026, noting that all operators of aircraft must ensure that “identified travelers” who have traveled to the Democratic Republic of the Congo, Uganda, or South Sudan within the last twenty-one (21) days must only land at Washington-Dulles International Airport (“IAD”). If passengers who have been to any of the affected countries within the last twenty-one (21) days do not have IAD listed as their first point of entry into the United States, airline personnel should either rebook passenger(s) on a flight with direct service to IAD (either on the same airline or through a partner airline), or deny boarding in compliance with current CDC and CBP arrival restrictions. Please take note that if a passenger is denied boarding (on the basis of a direct threat posed by a communicable disease), the airline must provide the affected passenger with a written explanation within ten (10) days explaining the reason(s) for the denial pursuant to 14 C.F.R. 382.
Current entry restrictions on travelers who departed from, or were otherwise present within, the Democratic Republic of the Congo, Uganda, or South Sudan could significantly disrupt 2026 FIFA World Cup-related international travel. Carriers should ensure strict compliance with CDC entry requirements and CBP Carrier Liaison Program bulletins. Failure to comply with public health regulations could subject carriers to significant monetary penalties and operational restrictions, including possible forced diversions. By way of recent example, on May 20, 2026, an Air France flight bound for Detroit was diverted to Montreal while en route because a Congolese passenger on board was denied entry into the United States. We will closely monitor this public health issue as the situation continues to evolve rapidly. Please do contact us with your questions to ensure compliance with public health guidelines.
This Aviation Blog Post is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com; Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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