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President Trump’s January 27, 2017, Executive Orders Affects Legal Permanent Residents

President Trump’s  Executive Order signed on January 27, 2017, “Protecting the Nation from Foreign Terrorist Entry into the United States”, also affects  Legal Permanent Residents from Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen.  The Executive Order cites to 8 U.S.C. Sec. 1182(f), which permits the President “by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”  The Immigration and Nationality Act defines an “alien” as “any person not a citizen or national of the United States.”  8 U.S.C. Sec. 1101(a)(3).  Legal Permanent Residents fall under this definition.  Even though Legal Permanent Residents are not “applicants for admission” unless they have committed certain acts, the broad language of 8 U.S.C. Sec. 1182(f) references “entry” and not “admission” and therefore, the Executive Order will affect Legal Permanent Residents’ entry in the United States.

The Order provides DHS with limited discretion to permit entry to certain aliens on a case-by-case basis.  Sections 3(g) and 5(e) provide for discretion on a “case by case basis” but only if they determine that admission of such person is in the national interest.  CBP at O’Hare is directing LPRs to secondary inspection and is making determination on a case by case basis, and following a thorough security review.  At this time it is not known how many people were permitted to enter.  Nonimmigrants and people who have immigrant visas and are seeking admission for the first time from these countries are refused entry.  Refugees who have valid documents are referred to secondary inspection for security review as are LPRs from the same countries.  People who want to apply for asylum will likely be detained pending Credible Fear Interview.

If you need help, please contact immigration attorney.