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Update: Temporary Immigration Ban Does Not Include Lawful Permanent Residents

February 2, 2017

On Feb. 1, 2017, Donald F. McGahn II, counsel to President Donald Trump, issued a memorandum clarifying that the provisions of the executive order titled “Protecting the Nation from Foreign Terrorist Entry into the United States” do not apply to lawful permanent residents of the United States. 

What Has Changed?

The Jan. 27, 2017 executive order summarized in our previous alert imposed a 90-day ban on entry to the United States for foreign nationals of seven countries: Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. However, given the language of the order, it was previously unclear whether this ban applied to permanent residents, nonimmigrants, or both. The White House confirmed that the order does not apply to lawful permanent residents of the United States. Therefore, lawful permanent residents from the seven countries mentioned above should be able to travel freely into the United States.

We will continue to monitor developments related to the executive order and will update you with any important developments.