Unions of immigrant workers came together to challenge two new Green Card rules proposed by the Trump-Vance administration, saying that these policies will make it almost impossible for eligible immigrants who are already living in the US to get their Green Cards without leaving the country. They add to the scores of lawsuits against many immigration policies of the administration already existing. USCIS Spokesman Zach Kahler said to Newsweek: “This lawsuit is yet another frivolous attempt to disrupt the Trump administration’s commitment to enforce our country’s immigration laws as intended by Congress.”“USCIS will continue to faithfully apply long-standing immigration law and prior immigration court decisions to ensure aliens navigate our nation’s immigration system properly,” Kahler added.
Which are the two Green Card policies the lawsuit is challenging
Adjustment of Status Policy, issued in May 2026: USCIS directed immigration officers to treat an applicant’s decision to seek permanent residence from within the United States, rather than leave the country for consular processing, as a negative factor in deciding their application. It also requires applicants to demonstrate “unusual or even outstanding” considerations to overcome that negative factor. It means a Green Card holder has to go back to their country of origin for their Green Cards — they can’t stay in the US on the excuse of waiting for their Green Cards.Evidence, Requests for Evidence, and Notices of Intent to Deny Policy, issued in August 2026: This allows USCIS officers to deny applications without giving applicants an opportunity to provide additional evidence — including people who filed their Green Card applications before the new policies existed.
Who are challenging these policies?
American Association of University Professors (AAUP) and its Harvard University Chapter (Harvard AAUP) and Boston University Chapter (BU AAUP)- Service Employees International Union
- Americans for Immigrant Justice
- Individual Green Card applicants: Areli Esmeralda Rojas Correa, Miriam Esther Moreno Coto, Maria Francisca Guardado, Ikechi Obinna Nwaozuzu, Derly Sierra Palacios, and Julieth Melissa Camargo Figueroa.
What are the challengers saying?
“By weaponizing the Green Card process and threatening immigrant professors, researchers, and students with sudden deportation or forced family separation, this administration is sabotaging scientific innovation and turning our universities into hostile environments for the global talent that drives our country forward. Trump’s assault on immigrants is not only cruel and inhumane, it weakens the global competitiveness of our higher education institutions,” said Todd Wolfson, President of the American Association of University Professors.Service Employees International Union’s Secretary-Treasurer Rocío Sáenz said their union has 2 million members, including physicians, long-term care workers, janitors, security officers, airport workers, and others. “Many SEIU members are foreign-born U.S. citizens, lawful permanent residents, and immigrants authorized to work in the United States. We oppose any policy that makes it harder for working people to do their jobs and provide for their families,” Sáenz said.
