Green Card Lottery: Ninth Circuit Halts Reopening Order
A federal appeals court paused the mandate to restart the 2027 Diversity Visa registration, citing procedural issues with the plaintiff's standing.
By Jessica Abebe ·
The registration process for the 2027 Diversity Visa program will remain closed, at least for the time being. A federal appeals court granted the Trump administration a temporary reprieve, blocking a lower court order that required the government to restart the application window. This decision leaves millions of potential applicants waiting, as the path to permanent residency through the lottery remains suspended.
The legal battle stems from a lawsuit filed in August by Red Eagle Law. The immigration firm sued Secretary of State Marco Rubio over the failure to open the registration period for fiscal year 2027. The case forced the Department of State to defend its decision to keep the program dormant while it processes its appeal.
On October 14, a federal judge issued a preliminary order. That ruling demanded the government announce registration dates by October 29 and open the portal before November 1. The Trump administration immediately appealed that instruction, asking the Ninth Circuit to stay the order. The appeals court agreed to pause the mandate, finding that the government likely had a strong argument regarding the plaintiff's standing.
The Ninth Circuit judges clarified that their decision did not validate the State Department's choice to keep the lottery closed. Instead, they ruled that Red Eagle Law had not demonstrated sufficient grounds to continue the litigation at that specific stage. Curtis Morrison, the firm's owner, stated that he intends to explore other legal avenues to challenge the program's suspension.
The Diversity Visa program offers up to 55,000 annual visas to citizens from countries with historically low rates of immigration to the United States. The current pause dates back to December of last year. At that time, the administration suspended the lottery after a Portuguese national who had won a visa was identified as a suspect in multiple shootings in Rhode Island and Massachusetts. The suspect was later found dead by suicide.
This ruling is one component of a wider set of actions by the current administration to tighten legal immigration pathways. These measures include increased scrutiny of certain permanent residency applicants, adjustments to migration fees, and restrictions on employment-based visa programs. The judicial fight over the lottery's future remains ongoing, with the program's status left in limbo.
