Sen. Ruben Gallego (D-Arizona) has launched a congressional effort to overturn a Trump-era directive regarding green card applications [1].
The move seeks to restore the ability of immigrants to apply for permanent residency from within the U.S., rather than being forced to apply from abroad [1]. This change would impact thousands of families who currently face separation during the lengthy application process [2].
Gallego is attempting to have the directive classified as a rule. If the classification is successful, the policy could be repealed under the Congressional Review Act, a tool that allows Congress to overturn agency actions [1, 2].
The senator said the measure is a way to combat what he called "Trump's anti-family green card policy" [2]. He said that the existing requirement forces families to separate while they wait for their applications to be processed in their home countries [2].
"This is just the first step toward fighting back against Trump's anti-family green card policy," Gallego said [2].
The effort focuses on the legal distinction between a policy directive and a formal rule. Under the Congressional Review Act, only formal rules are subject to the specific fast-track repeal process Gallego is pursuing [1]. If the directive remains classified as a guideline rather than a rule, the path to repeal would require different legislative or judicial maneuvers [1].
This initiative marks a targeted legislative push to undo immigration restrictions established during the previous administration. The outcome depends on whether the Senate agrees to the reclassification of the directive and a subsequent vote to kill the policy [1, 3].
“"This is just the first step toward fighting back against Trump's anti-family green card policy."”
This effort leverages a specific procedural mechanism of the Congressional Review Act to bypass the standard, more arduous legislative process. By reclassifying a directive as a rule, Gallego is attempting to create a legal vulnerability that allows Congress to void the policy with a simple majority, potentially shifting the residency application process back to a domestic-first model.
