Arizona Democratic Senator Ruben Gallego is spearheading efforts to overturn a recent administration policy that critics claim could force hundreds of thousands of green card applicants to leave the United States and complete their applications abroad.
Gallego’s push extends beyond challenging the policy itself. He is advocating for the action to be formally classified as a federal rule—a distinction that would provide Congress with an expedited pathway to repeal it under the Congressional Review Act. Under this act, a rule could be repealed without the Senate requiring the usual 60-vote threshold. If the policy remains classified as guidance rather than a formal rule, opponents would face a more complex legislative process.
The controversy stems from a recent U.S. Citizenship and Immigration Services change affecting how some immigrants pursue lawful permanent residency. Currently, eligible individuals in the United States can apply for green cards without leaving the country through the adjustment-of-status process. The new policy requires many applicants to use consular processing, which mandates departure from the U.S. and completion of applications at foreign embassies or consulates.
Gallego and immigration advocates warn that this shift could disrupt the lives of hundreds of thousands of immigrants who would otherwise remain in the country while their green card applications are pending. Critics argue the change imposes additional costs, delays, travel burdens, and legal uncertainty on applicants and their families.
Gallego contends that because the policy alters immigration procedures for a broad group of applicants, it should be treated as a federal rule subject to congressional review. His strategy reflects Democrats’ broader approach to contest aspects of former President Trump’s agenda through procedural means, even as Republicans control Congress.
Proponents of the policy assert that requiring more applicants to complete processing overseas strengthens compliance with immigration laws and enhances vetting procedures.
Gallego’s initiative faces significant challenges but could prove pivotal if a determination is made that the policy qualifies as a federal rule. For Gallego, the immediate goal is not only reversing the policy but also ensuring it falls under a category that would facilitate eventual congressional repeal efforts.
