Ruben Gallego

Arizona Democrat Sen. Ruben Gallego is seeking to overturn a Trump policy that critics say could affect hundreds of thousands of green card applicants by requiring them to leave the U.S. and complete the process abroad, according to a report by The Hill.

But Gallego's effort is about more than the policy itself.

The Hill reported that he's also pushing to have the action formally classified as a federal rule, a distinction that could give Congress a potentially easier path to overturning it.

If the action is deemed a rule under the Congressional Review Act, Congress could seek to repeal it through an expedited process that allows Senate consideration without the chamber's usual 60-vote threshold, according to The Hill.

If it remains a policy or guidance document, opponents would likely face a more difficult legislative path.

At issue is a recent U.S. Citizenship and Immigration Services policy change affecting how some immigrants pursue lawful permanent residency.

Under the adjustment-of-status process, eligible immigrants already in the U.S. can apply for green cards and complete the process without leaving the country.

The Trump policy would require many applicants instead to use consular processing, meaning they would have to depart the U.S. and complete their applications through American embassies or consulates overseas, according to The Hill.

Gallego and immigration advocates argue the change could affect hundreds of thousands of immigrants who otherwise would have been able to remain in the country while their green card applications were pending.

Critics contend the requirement creates additional costs, delays, travel burdens, and legal uncertainty for applicants and their families.

According to The Hill, Gallego argues the policy effectively changes immigration procedures for a broad class of applicants and therefore should be treated as a federal rule subject to congressional review.

The senator's effort reflects a broader strategy by Democrats to challenge parts of Trump's agenda through procedural and legislative means, even as Republicans control Congress.

Supporters of the policy argue that requiring more applicants to complete the process through U.S. consulates abroad helps ensure compliance with immigration laws and strengthens vetting procedures.

The Hill reported that Gallego's effort faces long odds, but the designation fight could become significant because a determination that the policy qualifies as a rule would give Congress an avenue to challenge it under the Congressional Review Act.

For Gallego, the immediate goal is not only reversing the policy, but also placing it in a category that would make an eventual congressional repeal easier to pursue.