The Donald Trump administration has filed an appeal against the resumption of the Diversity Visa (DV) lottery for the 2027 fiscal year. Simultaneously, the administration has submitted a separate request to the judge, seeking a stay on the order to resume the lottery while the appeal process is underway. This development puts the prospect of restarting the DV lottery in the United States at risk, reports Newsweek.
Previously, U.S. District Judge Jinsook Ohta of the Southern District of California issued an order regarding the DV lottery. In a case filed by the immigration law firm Red Eagle Law, L.C., the judge issued a preliminary injunction, directing the U.S. Department of State to resume the entire program, including the registration process for the DV lottery. Under this program—commonly known as the “Green Card Lottery”—up to 55,000 diversity visas are granted annually to citizens of countries with historically low rates of immigration to the United States. On October 19, the government filed a notice of appeal against Judge Ohta’s preliminary injunction and related orders. The government also submitted a separate motion requesting a stay of the injunction pending the resolution of the appeal. In November 2025, the Department of State had announced that it was making changes to the application process for the DV-2027 program and would declare a registration start date as soon as it became feasible.
However, contrary to the court’s ruling, the registration process did not commence even after the 2027 fiscal year began on October 1. The judge noted that this effectively amounts to a cancellation of the program, as it is impossible to apply for a diversity visa without participating in the lottery. Furthermore, the judge pointed out that the Department of State failed to provide any justification for why a temporary suspension had been extended indefinitely. Consequently, the court concluded that the decision to suspend the program was arbitrary and capricious. Judge Ohta stated that Red Eagle Law has met the requirements for a preliminary injunction. If the program remains suspended, the firm stands to lose clients and suffer financial harm—damages that could not be adequately remedied through litigation. He noted that resuming the program would not impose an unfair burden on the government; rather, it would serve the public interest by ensuring compliance with federal law. The government had argued that the court could not order the lottery to commence after the registration period had expired. The judge rejected this argument, clarifying that even if registration begins late, it will still be conducted in accordance with the rules established by Congress. Should the Trump administration lose its appeal, the State Department—subject to the mutual agreement of both parties and a new timeline approved by the court—must announce a registration period by October 29. The registration process must then be opened for 30 days, beginning November 1, with those selected to be notified by December.
