Federal Court Orders Reopening of Annual Visa Lottery for 55,000 Immigrants
Washington, Thursday, 15 October 2026.
A federal judge ordered the State Department to reopen the Diversity Visa lottery by midnight Thursday, blocking the administration’s attempted suspension and preserving 55,000 permanent resident visas.
Court Order and Judicial Context
On Wednesday, 14 October 2026, U.S. District Judge Jinsook Ohta issued a preliminary injunction requiring the U.S. State Department to open registration for the fiscal 2027 Diversity Visa lottery [1][3]. The order mandates that Secretary of State Marco Rubio ensure registration is publicly announced and accessible by midnight Eastern time on Thursday, 15 October 2026 [1][4]. This legal intervention blocks the Trump administration’s effective suspension of the program, which makes up to 55,000 immigrant visas available annually [1][2]. The injunction follows a lawsuit filed by Red Eagle Law, a California immigration law firm, against Secretary Rubio after the department failed to announce a registration period [1][3]. Judge Ohta ruled from the bench that the department’s inaction was likely unlawful under the Administrative Procedure Act [1]. This ruling underscores ongoing judicial intervention in federal immigration policies, continuing a pattern seen in previous administrations [2][3]. In September 2020, a federal judge ordered the first Trump administration to resume the Diversity Visa Program after it was frozen during the pandemic [2].
Program Background and Eligibility
The current administration had cited security concerns following a shooting at Brown University in December 2025 involving a suspect who allegedly entered via the program [2]. Homeland Security Secretary Kristi Noem previously stated that the program should be paused to ensure no more Americans are harmed, directing USCIS to pause the DV1 program [2]. However, Judge Ohta concluded that effectively canceling the program through inaction was arbitrary and capricious government action [1]. The court noted that while there is no statutory requirement to issue every available visa, the State Department cannot extinguish the program by letting applications time out [2]. The Diversity Visa program allows eligible applicants from countries with historically low rates of immigration to the United States to seek permanent residency [1][2]. Applicants must meet eligibility requirements, including a high school education or two years of specific work experience, and complete the required immigration process [2][3].
Compliance and Next Steps
Under the ruling, the registration period must remain open for at least 30 days to give eligible applicants an opportunity to submit entries [1][3]. The State Department must process entries until the visa limit is reached or the fiscal year ends on 30 September 2027, whichever comes first [1][3]. Selected applicants are processed under usual procedures until the 55,000-visa limit is reached or the fiscal year ends [1]. The court will retain jurisdiction over the case and could modify the deadline if the parties agreed [1]. This directive ensures that the pathway to permanent U.S. residency for up to 55,000 people remains open despite administrative delays [3].