US Court Orders State Department to Reopen Green Card Lottery
Washington, 15 October 2026
A US federal judge has ruled the government’s suspension of the Diversity Visa scheme unlawful, ordering officials to reinstate the programme allowing 55,000 foreign nationals permanent American residency.
Legal Ruling Mandates Program Reinstatement
In a ruling delivered on Wednesday, 14 October 2026, US District Judge Jinsook Ohta of the Southern District of California granted a preliminary injunction requiring the US Department of State to launch the fiscal year 2027 Diversity Immigrant Visa Program [1][2]. The legal challenge was initiated on 19 August 2026 by Red Eagle Law, a California immigration law firm, which sued Secretary of State Marco Rubio after federal officials failed to announce the annual registration window on schedule [1][2]. Judge Ohta concluded that the government’s inaction amounted to an arbitrary and capricious suspension of a legislative mandate enacted under the Immigration and Nationality Act [1][3].
Legal Background and Administration Policy
The federal government had effectively halted the Diversity Visa program following a shooting at Brown University on 13 December 2025, which left two people dead and nine injured [2]. Former Homeland Security Secretary Kristi Noem subsequently directed immigration authorities to pause the scheme, citing safety concerns regarding the alleged suspect’s visa status [2]. However, Judge Ohta determined that the executive branch could not unilaterally extinguish a program established by the Immigration Act of 1990 to grant up to 55,000 lawful permanent residency visas annually to individuals from nations with low historic rates of immigration to the United States [1][2][3].
Application Process and Eligibility Guidelines
Under court directives and federal regulations, the Department of State must maintain an open registration window for a minimum of 30 days via its designated online portal [1][3]. Prospective applicants seeking to register must satisfy specific eligibility criteria, including holding a high school education or two years of qualifying work experience in an occupation requiring specialised training [2]. Submissions require an electronic entry fee of $1 alongside an uploaded scan of a valid, unexpired passport [2][6]. Applicants must complete the entry form through the official portal at dvprogram.state.gov, ensuring accurate documentation to prevent disqualification [6].
Deadlines and Processing Timelines
The court order specifies that public notification and entry access must be established through customary government publications, including the Federal Register [1][3]. Attorney Curtis Morrison of Red Eagle Law filed a joint motion to extend the implementation deadline by two weeks to avoid technical disruptions and operational delays during the opening phase [3]. Once the registration period closes, random computer selections will take place, with administrative processing and embassy interviews proceeding until all 55,000 visas are allocated or until the 2027 fiscal year concludes on 30 September 2027 [1][2][3].