A federal judge in San Diego on Wednesday ordered the U.S. Department of State to reopen DV Lottery 2027 registration, restoring a pathway to permanent residence for up to 55,000 people worldwide after the Trump administration failed to open the entry period on time.
U.S. District Judge Jinsook Ohta issued a preliminary injunction requiring Secretary of State Marco Rubio to publicly announce the registration period, open a 30-day electronic entry window, and process applications under usual procedures, Courthouse News reported.
The ruling matters now because the administration had argued it was too late to run the program at all — a position that would have effectively cancelled the 2027 lottery. Immigrant communities that follow the program closely, including large numbers of applicants from South Asia, had been left without a registration window that normally opens each October.
What the court ordered in the DV Lottery 2027 lawsuit
Ohta, a Joe Biden appointee, ordered Rubio to publicly announce the registration period no later than midnight on Oct. 15, according to Courthouse News. The announcement must identify the opening and closing dates, the website for electronic entries, and the participation requirements, and must be disseminated through the State Department's customary channels, including the Federal Register.
The exact deadlines, however, are disputed among outlets covering the ruling:
- Courthouse News reported an announcement deadline of midnight Oct. 15.
- NepYork reported that Ohta ordered registration announced and opened by midnight Eastern time Thursday.
- NTD News reported the order requires an announcement by midnight ET Oct. 29, a 30-day entry window opening by midnight Nov. 1, and notification of selectees by midnight Dec. 3.
The discrepancy may be tied to a joint motion. Curtis Morrison, founder of Red Eagle Law, the Southern California immigration firm that brought the case, told Courthouse News he filed a joint motion to extend the announcement deadline by two weeks to prevent any hiccups.
All three outlets agree the registration period must last at least 30 days, and that the State Department must process applications until all available visas are issued or the fiscal year ends on Sept. 30, 2027, whichever comes first.
Why the green card lottery 2027 update was needed
The Diversity Immigrant Visa Program was created by the Immigration Act of 1990 and apportions up to 55,000 visas across six world regions, NTD News reported. It offers lawful permanent residency to nationals of countries with low rates of immigration to the United States.
According to NTD News, the program was suspended days after a Dec. 13 shooting at Brown University that killed two students and injured nine, after officials said the suspect had entered the U.S. under the program.
"This heinous individual should never have been allowed in our country," then-Homeland Security Secretary Kristi Noem said at the time, adding that she was directing U.S. Citizenship and Immigration Services to pause the DV1 program at President Trump's direction.
Trump has opposed the lottery since his first term, saying it brings "the worst of the worst" into the country, Courthouse News and NTD News reported.
Red Eagle Law sued Rubio on Aug. 19, arguing the failure to open the 2027 lottery violated federal law, according to NTD News. Ohta denied a temporary restraining order on Sept. 3, citing timing problems, before hearing arguments on the preliminary injunction. Morrison argued the State Department had claimed the lottery was undergoing changes and would be delayed — a tactic he said was meant to run out the clock, Courthouse News reported.
"We won," Morrison said in a social media video after the ruling.
"This means that when George Herbert Walker Bush made it the law in 1990, the Trump administration can't just ignore the laws they don't like," Morrison told Courthouse News in a phone interview.
Ohta found Red Eagle Law had standing and was likely to prevail on its Administrative Procedure Act claim, NepYork reported. "The suspension and effective cancellation, if left on its current track, is arbitrary and capricious government action," Ohta said, according to hearing notes cited by NepYork.
Who can apply and what happens next
Candidates pay a $1 fee and must have either a high school education or two years of work experience in a job requiring two years of training, according to NTD News. Registration usually opens in October and closes in November. Those selected must still meet eligibility requirements and complete the immigration process to receive visas.
Ohta said the court would retain jurisdiction over the case and could modify the deadline if the parties agreed, NepYork reported.
Whether the government will appeal or seek a stay of the injunction is unknown. The Department of Justice did not respond to requests for comment, according to Courthouse News.
The final registration dates and the entry website have not yet been published. Under the ruling, the State Department's public announcement — due as early as midnight Thursday, or by Oct. 29 if the reported extension applies — must set out those details through the department's customary notification channels.