Gallego Fights Trump-Era Green Card Policy Change

Gallego Seeks to Overturn Trump-Era Green Card Policy

A legislative effort is underway to repeal a Trump administration policy that significantly alters the process for obtaining a green card within the United States. This policy, issued in May 2026, requires most applicants to leave the country for consular processing abroad, a move that critics argue could lead to family separation and reentry bars for up to 1.2 million individuals. Representative Ruben Gallego of Arizona is spearheading this initiative, utilizing the Congressional Review Act (CRA) in an attempt to reverse the directive.

The policy in question is memorandum PM-602-0199. It directs immigration officers to approve adjustment of status, the process of applying for permanent residence while remaining in the U.S., only under “extraordinary circumstances.” This represents a substantial shift from previous practices, where adjustment of status was the standard route for immigrants already in the country. The change means that many individuals, including those married to U.S. citizens, students, and temporary workers like H-1B visa holders, will likely need to apply at a U.S. consulate in their home country.

The Congressional Review Act Pathway

Representative Gallego’s strategy involves asking the U.S. Government Accountability Office (GAO) for a legal opinion. He wants to determine if the new USCIS memorandum qualifies as a rule under the Congressional Review Act. If the GAO agrees, Congress can then vote to overturn the policy with a simple majority. This approach offers a faster route to challenging the policy compared to waiting for lengthy court battles. Gallego stated his commitment to fighting this “anti-family green card policy” and ensuring that American children are not separated from their parents.

Concerns Over Family Separation and Reentry Bars

A primary concern raised by opponents of the policy is its potential impact on families. Requiring a spouse or parent to depart for consular processing can lead to months or even years of separation while they await an overseas appointment and decision. Furthermore, leaving the United States can trigger immigration penalties that do not apply when an individual is pursuing adjustment of status within the country. Individuals with gaps in their lawful status could face unlawful presence bars of three or ten years upon departure, potentially preventing their return to the U.S. even if they have established lives and families there.

Administration’s Defense of the Policy

The USCIS spokesman, Zach Kahler, defended the change by stating it returns the immigration system to its “original intent.” He argued that individuals in the U.S. temporarily seeking a green card should return to their home country to apply, except in extraordinary cases. This, he suggested, prevents the system from being exploited by loopholes. However, following public criticism, the Department of Homeland Security (DHS) issued a statement on May 30, 2026, presenting the memorandum in a less restrictive light. DHS stated that the policy would not prevent any legitimate applicant from obtaining a green card and that the guidance was merely a reminder to officers about their discretionary authority.

Shifting Discretion and Practical Implications

The debate over the policy extends beyond procedural matters to the practical administration of immigration law. The memorandum grants officers broad discretion in determining what constitutes an “extraordinary circumstance,” a standard that is not clearly defined with a fixed list in the memo. This discretion carries significant weight, especially when applications are processed abroad. Unlike many USCIS decisions made within the U.S., denials at consulates overseas generally do not have judicial review, leaving applicants with fewer options to contest an unfavorable outcome.

The policy also changes the fundamental meaning of adjustment of status. What was once the common in-country path to permanent residence is now, under the memo, an exception reserved for exceptional situations. This forces families already navigating the immigration system to reevaluate their options. An applicant who expected to remain in the United States throughout their green card process might now have to weigh the risks of family separation, extended delays, or potential reentry bars if they choose to leave the country for consular processing.

Representative Gallego’s campaign, initiated on June 3, 2026, aims to use the Congressional Review Act to challenge this memorandum. By turning policy documents into a legislative effort, he seeks to address the directive that affects immigrants waiting to become permanent residents without leaving their homes. The outcome of the GAO’s review and any subsequent congressional vote will determine the future of this significant shift in green card processing.

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