Judge Orders State Department to Open 2027 Diversity Visa Lottery Registration by Midnight Thursday
Exterior of the U.S. Department of State Harry S. Truman Building, Washington, D.C. (Official State Department photo by Linda D. Epstein)
A federal judge on Wednesday ordered the U.S. State Department to open registration for the fiscal 2027 Diversity Visa lottery, blocking the Trump administration’s effective suspension of a program that makes up to 55,000 immigrant visas available annually.
U.S. District Judge Jinsook Ohta granted a preliminary injunction sought by Red Eagle Law, a California immigration law firm that sued Secretary of State Marco Rubio after the department failed to announce a registration period for the DV-2027 lottery. Ohta ruled from the bench that the department’s inaction was likely unlawful and ordered it to publicly announce and open registration by midnight Eastern time Thursday.
The judge said the registration period must remain open for at least 30 days, as required by federal regulations. The State Department must then process entries under its usual procedures until the 55,000-visa limit is reached or the fiscal year ends Sept. 30, 2027, whichever comes first.
Ohta found that Red Eagle Law had standing to challenge the department’s failure to act and that the firm’s interests fell within the “zone of interests” protected by the Immigration and Nationality Act. She said the firm’s interests aligned with those of prospective lottery applicants.
The judge concluded that Red Eagle was likely to prevail on its claim under the Administrative Procedure Act, which governs challenges to federal agency actions and inaction.
Without an entry period, no applicants could be selected for the lottery, effectively suspending a program authorized by Congress, Ohta said.
“The suspension and effective cancellation, if left on its current track, is arbitrary and capricious government action,” Ohta said, according to notes from the hearing.
Under Ohta’s ruling, the State Department must publicly announce the DV-2027 registration period and open registration by midnight Eastern time Thursday, using its customary public channels, including the Federal Register. Registration must remain open for at least 30 days to give eligible applicants an opportunity to submit entries.
After the registration period closes, the department must process entries under its usual procedures until the 55,000-visa limit is reached or the fiscal year ends Sept. 30, 2027, whichever comes first.
Ohta said the court would retain jurisdiction over the case and could modify the deadline if the parties agreed.
The Diversity Visa program, commonly known as the green card lottery, allows eligible applicants from countries with historically low rates of immigration to the United States to seek permanent residency. Applicants selected in the lottery must still meet the program’s eligibility requirements and complete the required immigration process to receive visas.