Senate Push to Overturn Trump Administration’s Green Card Rule

On May 22, 2026 U.S. Citizenship and Immigration Services (USCIS) issued a memorandum directing officers to treat “adjustment of status” (AOS) – the process that lets applicants obtain lawful permanent residence while remaining in the United States – as an “extraordinary discretionary remedy.” Except for narrowly defined circumstances, the guidance requires prospective green-card holders to leave the country and complete consular processing abroad. The memo cites the need to align practice with the Immigration and Nationality Act’s original intent and to prevent perceived “loopholes.”

Asian JournalNewsweekEl PaisDHS says most immigrants won’t need to leave US to obtain green cardThe Verge

Senator Ruben Gallego (D-AZ) sent a letter to the acting comptroller general of the Government Accountability Office (GAO) requesting a legal determination that the memorandum qualifies as a “rule” under the Congressional Review Act (CRA). If the GAO affirms the classification, Congress could pass a resolution of disapproval within 60 days of the rule’s finalization, potentially overturning the policy before the new congressional session begins.

The Hill

Fiscal Year 2024 saw 1.36 million green cards issued, with 58 % (? 782,000) granted through AOS. The administration estimates that “hundreds of thousands” of noncitizens and their families could be affected annually. Senator Gallego highlighted an estimated 2.7 million undocumented immigrants married to U.S. citizens who might be forced to leave their spouses under the new guidance. Over 1.2 million pending applications involve H-1B visa holders, a group that could face extended separation if required to pursue consular processing.

The Verge

The Department of Homeland Security (DHS) framed the memo as a “return to the original intent of immigration law,” asserting that it “will not prevent any alien from obtaining a green card who legitimately and properly qualify.” DHS also said the policy “will not have a noticeable impact on highly qualified applicants or skilled professionals who have complied with the law.” USCIS spokesperson Zach Kahler reiterated that the change is intended to “ensure aliens navigate our nation’s immigration system properly.” In a later clarification, DHS described the memo as “a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”

Trump administration says green card policy change won't affect qualified applicants

Immigration attorneys and advocacy groups argue that the guidance could separate families, create lengthy delays, and increase the risk of visa denials. Jeff Joseph, president of the American Immigration Lawyers Association, called the impact “titanic compared with anything else we have seen from this administration.” The Migration Policy Institute warned that nationals from countries barred from U.S. entry (e.g., Cuba, Venezuela, Afghanistan, Iran) would have no viable consular option, effectively trapping them. Military-family advocates contend that the rule threatens retention and readiness by jeopardizing the stability of service members’ households.

El Pais

Initial reports described the memo as a sweeping requirement for most applicants to leave the United States, while subsequent DHS statements claim the change will be applied “case-by-case” and will not affect “highly skilled” candidates. No definitive guidance has been issued on which visa categories are subject to the restriction, leaving applicants uncertain about eligibility for AOS. The GAO’s forthcoming legal opinion and potential CRA action remain the primary mechanisms for resolving these contradictions.

Newsweek

• “The new guidance would impact potentially hundreds of thousands of noncitizens and their families in the U.S. per year— representing a major change in policy and therefore satisfying the CRA’s definition of a rule.” — Senator Ruben Gallego, letter to GAO

The Hill

• “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.” — DHS spokesperson (quoted by multiple outlets)

The Hill

• “The administration’s so-called clarification only added to the confusion. Now the Administration is claiming this was never a policy change to begin with, but that’s not what the memo says,” — Gallego office spokesperson

The Hill

• “The impact has been titanic compared with anything else we have seen from this administration.” — Jeff Joseph, American Immigration Lawyers Association

El Pais

• “If people from those countries — such as Cuba, Venezuela, Afghanistan and Iran — are told they must go to their country’s consulate to obtain a visa, they cannot do so; there is no way to carry out consular processing.” — Julia Gelatt, Migration Policy Institute

El Pais

The GAO’s determination will dictate whether the CRA can be invoked. Meanwhile, the American Immigration Lawyers Association and other groups are assembling litigation to challenge the memo’s implementation. Congressional hearings on the policy are expected as the 118th Congress convenes, and Senator Gallego has signaled intent to pursue a resolution of disapproval if the GAO affirms the rule status. The final outcome will shape the future of adjustment-of-status applications for millions of current U.S. residents.

The Hill