Judge Orders State Dept. to Resume Diversity Visa Lottery

2 min read

A U.S. federal judge has ordered the State Department to resume registration for the 2027 diversity visa lottery, marking a significant development in the ongoing legal battle over the program’s reinstatement. U.S. District Judge Jinsook Ohta, a Biden appointee who immigrated from South Korea at age six, issued a preliminary injunction on Wednesday, directing Secretary of State Marco Rubio and the department to run the green card lottery on a court-set timeline.

Legal Battle and Court Order

The order came in a lawsuit brought by Red Eagle Law, a Southern California immigration firm. The State Department is now required to announce the registration period this week, open a 30-day window for electronic entries by October 18, and notify selected applicants by November 19. The visas must be processed and awarded until the 2027 allotment runs out or the fiscal year ends in September 2027.

The diversity visa program, also known as the green card lottery, hands out up to 50,000 immigrant visas annually to people from countries with low immigration rates to the U.S. Congress established the program in 1990. The ruling represents a reversal for Ohta, who had previously denied an emergency bid from the same firm to force the program’s restart, questioning whether she had the authority to do so.

Legal Arguments and Program Suspension

The lawsuit was filed in July by Red Eagle Law, which argued that the State Department’s failure to open 2027 registration was “arbitrary, capricious, and not in accordance with law.” The firm claimed the delay had caused them to lose clients, as much of their practice involves lottery applicants. Government lawyers countered that the firm had waited too long and that the statutory deadline to run the program had already passed, leaving the court no lawful way to order its reopening.

The lottery has been in limbo since December 2022, when Homeland Security Secretary Kristi Noem paused it following the discovery that the Brown University shooter had entered the U.S. through the program in 2017. The State Department resumed issuing diversity visas in August 2023 under a separate court order, and a second federal judge in Northern California has found the department delayed processing in a related case.

Public Reaction and Judicial Authority

The order has sparked a range of reactions, with some questioning whether a judge can direct the executive branch to run an administrative program. Others have focused on the name of the judge, highlighting her background and appointment. The ruling underscores the ongoing legal and administrative challenges in managing the diversity visa program, which remains a key part of U.S. immigration policy.

Source: Breitbart

Written by

Connor Davis