Senator Ruben Gallego (D-AZ) wrote a letter to Acting Comptroller of the Government Accountability Office (GAO) Orice Brown, asking whether President Donald Trump's new rule on green card applications is subject to the Congressional Review Act (CRA) of 1996 and can be repealed.
The New Rule
In late May, U.S. Citizenship and Immigration Services (USCIS) issued a new rule that any foreign national in the United States on a temporary visa must return to their home country before applying for lawful permanent residence (a green card), unless extraordinary circumstances prevent their return.
The idea is to prevent people from overstaying their visas, and Spokesman Zach Kahler said, "This policy allows our immigration system to function as the law intended instead of incentivizing loopholes."
"When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency," Kahler added.
Gallego's Opposition
Sen. Gallego wrote to the GAO asking if this ruling is subject to Congressional review, arguing that it meets the CRA's standard because the USCIS rule is a statement of general applicability with future effects and is designed to implement, interpret, or prescribe law or policy.
On top of that, Sen. Gallego argued that the new rule is a Catch-22 for applicants in several ways, such as applicants who would normally be eligible to apply to adjust status in the U.S., and to appeal an adverse decision by USCIS would have little to no recourse in the event of a denial by a consular officer.
Additionally, those who have married U.S. citizens, an estimated 2.7 million, would be ineligible for permanent residency abroad due to the three- and ten-year bars on re-entry for noncitizens who have previously been in the country illegally.
Finally, because so many have already settled down and started lives, the process would take years due to backlog, annual per-country caps, and an indefinite travel and visa processing pause for 39 countries that remains in effect, many of these noncitizens from the affected countries would be effectively barred from returning to the U.S. until the pause is lifted even if they were approved for permanent residency by a consular officer.
