Gallego Seeks to Repeal Trump Green Card Policy Using Congressional Review Act
A new policy from the Trump administration is forcing many green card applicants to leave the United States for processing, a move that could separate families and create reentry barriers. Representative Ruben Gallego is leading an effort to repeal this policy, using a legislative tool known as the Congressional Review Act (CRA). This action aims to reverse a directive that changes how immigrants apply for permanent residency from within the U.S.
The policy, outlined in memorandum PM-602-0199 issued on May 21, 2026, significantly limits the process of adjusting status within the United States. Adjustment of status has long been the standard way for individuals already in the U.S. to obtain a green card without leaving their homes, jobs, or families. Under the new directive, this process is now reserved for “extraordinary circumstances” only. This means most applicants, including those married to U.S. citizens, students, and H-1B visa holders, will likely have to go through consular processing in their home countries.
The Shift to Consular Processing
The Trump administration’s policy aims to return to what it considers the original intent of immigration law. A USCIS spokesman stated that individuals in the U.S. temporarily seeking a green card must now apply from their home country, unless there are exceptional situations. This change is intended to prevent what the administration views as loopholes in the immigration system. However, critics argue that this shift creates significant hardship for immigrants and their families.
The Department of Homeland Security (DHS) later issued a statement suggesting the policy is narrower than initially perceived. DHS indicated that the guidance was merely a reminder to officers about their discretionary authority and would not prevent approval for those who legitimately qualify. Despite this clarification, the core instruction to prioritize consular processing for most applicants remains.
Potential Impact on Immigrants and Families
The implications of this policy change are substantial. An estimated 1.2 million applicants could be affected. Requiring individuals to leave the U.S. for consular processing can lead to lengthy separations from their families, sometimes lasting months or even years. This is particularly concerning for parents who may be separated from their American children.
Furthermore, departing the U.S. can trigger immigration penalties. Individuals with even brief lapses in their lawful status may face unlawful presence bars of three or ten years upon leaving. These bars can prevent them from returning to the United States, even if they have established lives and families there. This contrasts sharply with adjustment of status applications filed within the U.S., which generally do not incur such penalties while the case is pending.
The Congressional Review Act Challenge
Representative Gallego’s effort to repeal the policy hinges on the Congressional Review Act. This act allows Congress to overturn certain regulatory actions taken by federal agencies. Gallego has asked the U.S. Government Accountability Office (GAO) to determine if the USCIS memorandum qualifies as a “rule” under the CRA. If the GAO agrees, Congress could vote to repeal the policy with a simple majority in both the House and the Senate.
This legislative route offers a faster way to challenge the policy compared to waiting for lengthy court battles. The CRA provides a direct mechanism for lawmakers to express disapproval of agency actions. Gallego’s campaign highlights the policy’s “anti-family” nature, aiming to rally support by focusing on the potential disruption to households.
Broader Implications for Immigration Processing
The shift in policy also alters the practical meaning of adjustment of status. What was once the common and straightforward path for permanent residency for those already in the U.S. is now being framed as an exception for rare circumstances. This change forces applicants to reconsider their options, weighing the risks of family separation, extended delays, and potential reentry bars against the possibility of remaining in the U.S. while their green card application is processed. The debate over this policy underscores the ongoing tension between enforcing immigration laws and maintaining family unity.
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