Trump admin ordered to reinstate 2027 Green Card Lottery

The State Department failed to launch the program on time, jeopardizing a pathway to permanent U.S. residency for up to 55,000 people.

SAN DIEGO (CN) — A federal judge in San Diego ordered the U.S. Department of State on Wednesday to reopen the diversity visa lottery for 2027, also known as the Green Card Lottery.

U.S. District Judge Jinsook Ohta’s preliminary injunction will allow for up to 55,000 people from around the world to apply for permanent residence in the United States.

The Trump administration, which has opposed the program, did not open the program’s registration period on time for this year and subsequently argued that it was too late to do so.

Red Eagle Law, a Southern California law firm that helps immigrants apply for the program, sought a preliminary injunction that would require Secretary of State Marco Rubio to reopen the registration period for the lottery. Red Eagle Law filed a lawsuit against Rubio in August.

The government’s failure to reopen the period resulted in a de facto cancellation of the program, Red Eagle Law founder and owner Curtis Morrison argued.

“We won,” Morrison said in a social media video after the ruling was announced.

“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 after the ruling was announced. “We have judges here to make sure they follow the law. I think the judge did a really good job analyzing the arguments.”

Ohta ordered Rubio to publicly announce the registration period for the program no later than midnight on Oct. 15.

“The announcement shall identify the opening and closing dates of the registration period, the website through which individuals may submit electronic entries, and the requirements for participating in the program,” Ohta, a Joe Biden appointee, wrote. “Defendant shall further disseminate this information through the State Department’s other customary public notification channels, including the Federal Register.”

Morrison said he filed a joint motion to extend that deadline to two weeks later to prevent any hiccups.

The ruling also requires the State Department to accept electronic entries submitted during the registration period, provided that applicants meet eligibility and documentation requirements.

Finally, the ruling requires the State Department to notify the individuals selected for the diversity visa lottery and process their applications under its usual procedures until all available visas have been issued or until the fiscal year ends at the end of September 2027.

In previous court hearings, Morrison argued that the State Department gaslit Red Eagle Law and potential lottery applicants by saying the Green Card Lottery was undergoing some changes and would be delayed this year. But Morrison said that this was a tactic used by Rubio and the Trump administration to delay the program until they could argue it was too late to implement it.

President Donald Trump has opposed the program going back to his first term in office. The law was established under the Immigration and Nationality Act.

U.S. Constitution, Article 2, Section 3: "He shall take Care that the Laws be faithfully executed."

https://www.courthousenews.com/wp-content/uploads/2026/10/redeagle-v-rubio-ruling-101426.pdf

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
RED EAGLE LAW, L.C.,
Petitioner,
v.
MARCO RUBIO, IN HIS OFFICIAL
CAPACITY AS U.S. SECRETARY OF
STATE,
Defendant.
Case No.: 26-cv-4738-JO-VET
ORDER GRANTING THE MOTION
FOR PRELIMINARY INJUNCTION
For the reasons stated on the record, the Court GRANTS the motion for preliminary injunction [Dkt. 13]. The Court ORDERS Defendant Marco Rubio, in his official capacity as U.S. Secretary of State, and the United States Department of State, as follows:
1. No later than midnight EST, October 15, 2026, Defendant SHALL publicly announce on its official website (https://travel.state.gov/content/travel/en/News/visasnews.html) the registration period for the fiscal year 2027 Diversity Visa Program.
The announcement shall identify the opening and closing dates of the registration period, the website through which individuals may submit electronic entries, and the
- - - - -
requirements for participating in the program. Defendant SHALL further disseminate this information through the State Department’s other customary public notification channels, including the Federal Register.
2. Defendant SHALL open the registration period for the fiscal year 2027 Diversity Visa Program by midnight EST October 18, 2026, and the registration period shall last for thirty days. Defendant SHALL accept electronic entries submitted during this period in accordance with all applicable eligibility, petition, and documentation requirements established by 8 U.S.C. §§ 1153 and 1154(a)(1)(I) and 22 C.F.R. § 42.33, and any other applicable provisions.
3. Defendant SHALL notify, by midnight EST November 19, 2026, the selectees eligible to apply for a Diversity Visa for fiscal year 2027. Defendant SHALL timely process and award their Diversity Visa applications in accordance with its usual procedures and standards, subject to applicable law, until the available Diversity Visa allocation for fiscal year 2027 is exhausted or September 30, 2027, whichever occurs first.
The Court retains jurisdiction to enforce or modify this injunction as necessary to ensure compliance with its terms.
IT IS SO ORDERED.

- - - - - - - - - - - - - - - - -

https://www.law.cornell.edu/uscode/text/8/1153

8 U.S. Code § 1153 - Allocation of immigrant visas
(a) Preference allocation for family-sponsored immigrants
Aliens subject to the worldwide level specified in section 1151(c) of this title for family-sponsored immigrants shall be allotted visas as follows:
[...]
Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
[...]
(A) In general Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
[...]
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101(a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101(a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101(a)(27)(M) of this title.
[...]
Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.