Facing growing pressure about legal problems with including Lawful Permanent Residents (Green Card holders) in the travel ban Executive Order, Department of Homeland Secretary John Kelly announced today that he deems the admission of Green Card holders from the "list of seven" countries to qualify for the national interest exception to the travel ban.
You can read the DHS announcement here.
ELLIS PORTER ANALYSIS:
There was no legal basis to ban the entry of Green Card holders from the "list of seven" countries, and this announcement seems to concede that fact without actually admitting that Green Card holders should never have been included in the Executive Order.
Green Card holders who are from Iran, Iraq, Somalia, Sudan, Syria and Yemen can now travel without being subject to a ban to reentering the U.S. However, we caution Green Card holders from these countries that we anticipate inconsistent application of this new policy by border officers. All travelers not subject to the travel ban should also continue to anticipate a much higher level of scrutiny during the inspection process when returning to the U.S.