Judge Orders State Department to Reopen 2027 Diversity Visa Lottery

A federal judge in San Diego has ordered the U.S. Department of State to reopen registration for the 2027 Diversity Visa Lottery, also known as the Green Card Lottery. The preliminary injunction, issued by U.S. District Judge Jinsook Ohta on Wednesday, requires the department to accept applications for a program that provides up to 55,000 immigrant visas annually.

The Court Order

Judge Ohta ruled that the State Department’s failure to open the registration period on time was likely unlawful. The order mandates that the department publicly announce the registration period and open electronic entry by midnight Eastern time on Thursday, Oct. 15, according to Courthouse News. However, NTD reports that the ruling requires the announcement no later than midnight ET on Oct. 29, with the entry window opening by midnight on Nov. 1. Both sources agree that the registration period must last at least 30 days.

The State Department must disseminate this information through customary public notification channels, including the Federal Register. "The announcement shall identify the opening and closing dates of the registration period, the website through which individuals may submit electronic entries, and the requirements for participating in the program," Ohta wrote, according to Courthouse News.

Legal Arguments and Background

The lawsuit was filed by Red Eagle Law, a Southern California immigration firm, against Secretary of State Marco Rubio in August. The firm argued that the government’s inaction amounted to a cancellation of the program. "The government’s failure to reopen the period resulted in a de facto cancellation of the program," said Curtis Morrison, founder of Red Eagle Law, according to Courthouse News.

Judge Ohta found that Red Eagle Law had standing to challenge the department’s failure to act and that the firm was likely to prevail on its claim under the Administrative Procedure Act. "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 cited by NepYork.

The Trump administration had opposed the program and argued that statutory deadlines for running the lottery had already passed. The program was previously halted in December following a shooting at Brown University, which killed two students. Officials stated the suspect had entered the U.S. through the diversity visa program. "At President Trump’s direction, I am immediately directing [U.S. Citizenship and Immigration Services] to pause the DV1 program to ensure no more Americans are harmed by this disastrous program," said then-Homeland Security Secretary Kristi Noem, according to NTD.

Program Details

The Diversity Visa program was established by the Immigration and Nationality Act in 1990. It allows nationals of countries with historically low rates of immigration to the United States to seek permanent residency. Applicants must have a high school education or two years of work experience in a job requiring two years of training, according to NTD. The application fee is $1.

The State Department must process entries under its usual procedures until the 55,000-visa limit is reached or the fiscal year ends on Sept. 30, 2027, whichever comes first. Judge Ohta stated the court would retain jurisdiction and could modify deadlines if the parties agreed.

Why it matters

The ruling restores a pathway to permanent U.S. residency for up to 55,000 people from around the world. It represents a significant legal check on the Trump administration’s efforts to suspend the program, which the administration has opposed since President Donald Trump’s first term. The decision highlights the tension between executive branch actions and statutory requirements governing immigration programs.

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Sources

• courthousenews.com: Trump admin ordered to reinstate 2027 Green Card Lottery | Courthouse News Service
• nepyork.com: Judge Orders State Department to Open 2027 Diversity Visa Lottery Registration by Midnight Thursday - NEPYORK
• ntd.com: Judge Orders Trump Admin to Reopen 2027 Diversity Visa Lottery | NTD

This article was drafted with AI assistance and checked against the sources above. Company claims are reported as claims. Cover image is AI-generated.