A vote to end debate on Perez’s nomination is expected as early as Wednesday. Republicans agreed to vote on his nomination, in addition to several others, as part of a deal to avoid Senate rule changes limiting the minorities right to filibuster executive branch nominees.

Rubio said “there is still time to change our minds on this” deal and give Perez 60-vote to cut off debate until Perez answers senator’s questions.

Rubio said he would vote against cloture on Perez’s nomination because “he has refused to cooperate with the review process.”

“I believe Thomas PerezThomas Edward PerezClinton’s top five vice presidential picks Government social programs: Triumph of hope over evidence Labor’s 'wasteful spending and mismanagement” at Workers’ Comp MORE is a liberal activist … hence why I don’t think he should lead the Labor Department,” Rubio said. “Every single senator here has the right to know who we are confirming and when a nominee refuses to cooperate with that process, that to me is a valid reason to stand in the way and block the nominee.”

Republican senators had several questions about work Perez did while working in the Department of Justice. Rubio said Perez ignored the questions submitted during the confirmation hearing earlier this year.

“We’re being asked to vote to invoke cloture on the nomination of someone who has open contempt to a congressional subpoena,” Rubio said. “This is wrong. How can we possibly — I don’t care what deal was cut — how can we move forward on someone who hasn’t provided information asked for by a congressional committee.”