A federal judge ordered the Department of State to open the 2027 Diversity Visa lottery. The Trump administration failed to begin registration for the green card program on schedule per immigration policy. U.S. District Judge Ohta granted a preliminary injunction on October 14, 2026. Further, Ohta is requiring the State Department establishe a registration period for the fiscal year 2027 program. This ruling allows all prospective applicants to enter the green card Diversity Visa lottery. The State Department is required to continually process entries until all 55,000 visas are issued or until the 2027 fiscal year comes to an end.
Ohta ordered the department to publicly announce and open the registration period by midnight Eastern time on Thursday, October 15, 2026, according to Curtis Morrison, an attorney representing Red Eagle Law L.C., who brought the lawsuit. The registration period must last a minimum of 30 days. A spokesperson for the State Department claimed that the Department of State delayed the registration period in order to put American interests first. They also added that the department prefers not to comment on pending or ongoing litigation.
The Trump administration has openly opposed the Diversity Visa program. They argued that their failure to open the 2027 lottery before the end of the previous fiscal year was due to conflicts with regulations which govern the program’s timing. Red Eagle Law then sued Secretary of State Marco Rubio, challenging these claims under the Administrative Procedure Act. The firm argued the delay caused financial harm to them. The firm relies on work representing Diversity Visa applicants. These applicants did not functionally exist due to the fact that the program ended alongside the previous fiscal year without allowing new applicants. This caused financial losses to the firm they would be unable to recover.
Ohta concluded that the failure to open registration effectively suspended the program without sufficient explanation. The government argued that reopening the lottery after having missed the standard registration timetable would conflict with a federal rule requiring the registration period to last 30 days. Red Eagle argued that missing the registration timetable should not prevent the court from ordering the State Department to administer the program, regardless. Ohta rejected the government’s argument.
The judge also found that Red Eagle’s statement had standing. The firm’s economic losses could cause irreparable harm and be irrecoverable. This marks a reversal from an earlier stage of the case. Red Eagle’s request for a temporary restraining order that would have forced the department to open registration immediately was denied without prejudice by Ohta. Under the new injunction, that process must now begin for the 2027 program. The court will retain jurisdiction over implementation of the order.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.