Posted: 4:45 pm PT
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Yesterday, President Trump signed an executive order suspending the entry of refugees to the United States for FY2017 for 120 days. The E.O also proclaimed the entry of certain aliens as “detrimental to the interests of the United States” and declared the suspension of their entry into the United States for 90 days.  The aliens referred to are from countries cited under Section 217(a)(12) of the INA, 8 U.S.C.1187(a)(12) according to the executive order.  These are the same countries cited under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015: Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen.

A WH official reportedly told reporters that “green card holders in the US will have to meet with a consular officer before leaving the country.”  Anyone with basic familiarity on how the system works knows that U.S. consular officers are primarily posted overseas at U.S. embassies and consular posts.

CNN is reporting that the US “will not automatically allow green card holders who traveled to countries placed under a temporary travel ban back into the United States.”  The report also says that “Green card holders already overseas seeking to return to their homes in the US will be processed through a waiver authority that has already been established. One official said there is a case-by-case admissions process and another said it is being done “expeditiously.”  

We understand that there is no waiver specific to “green card” holders. DHS notes that there is a waiver for the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 and that “the Secretary of Homeland Security may waive these new travel-related VWP restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States.” But this waiver is specific to nonimmigrant visas and does not appear to include “green card” holders.

Trump in his White House bubble says new travel restrictions “working out very nicely.”  He forgot to add that there are huge chaos both at airports and within the agencies tasked to implement his order.

Meanwhile, the ACLU issued an alert: “Lawyers are stationed at airports across U.S. If you know someone entering country, tell them not to sign anything before talking to lawyer.”

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