The RecordExhibit 151
Never opened the 2027 green card lottery, until a judge ordered it
Ruled unlawful means: A court ruled against it. Some rulings are on appeal.
The State Department did not open registration for the 2027 Diversity Visa lottery, the program Congress created in 1990 that offers up to 55,000 green cards a year to people from countries with low rates of immigration to the United States. On Oct. 14, 2026, a federal judge in San Diego found that the failure amounted to an unexplained suspension of the program and ordered the department to open registration by midnight on Oct. 15.
What happened
Red Eagle Law, a Southern California firm that helps immigrants apply for the lottery, sued Secretary of State Marco Rubio in August 2026 under the Administrative Procedure Act, arguing that the failure to open registration was a de facto cancellation and that applicants had been told the program was undergoing changes and would be delayed. The department had not opened registration before the fiscal year ended on Sept. 30.
On Sept. 3 Judge Jinsook Ohta denied the firm's request for a temporary restraining order without prejudice and set an expedited schedule. Trump has opposed the program since his first term. The reports we opened do not say when registration was due to open, so this entry is dated to the ruling.
Where it stands
Judge Ohta granted a preliminary injunction on Oct. 14, 2026. She found the firm likely to succeed because the failure to open registration effectively suspended the program without adequate explanation, which she called 'arbitrary and capricious government action', and that its economic losses could count as irreparable harm.
She rejected the government's argument that it was too late because federal rules require a registration period of at least 30 days, finding that following the normal timetable would prevent the 2027 lottery from happening at all. The order requires the department to announce the registration period, including its dates, the entry website and eligibility rules, by midnight Eastern time on Oct. 15, to keep registration open for at least 30 days, to accept entries and process selected applicants under normal procedures until all visas are issued or the fiscal year ends in September 2027, and the court keeps jurisdiction over compliance. It is a preliminary order, not a final ruling; no appeal had been reported by Oct. 15, and we found no report yet of whether the department complied.
The administration's side
In court the administration argued it was too late to open the 2027 lottery. A State Department spokesperson told Newsweek that the department is putting American interests first in its visa process under the leadership of President Trump and Secretary Rubio, and that it generally does not comment on pending litigation. The Justice Department did not respond to Courthouse News's request for comment.
Sources
Permanent link: https://unredactedrecord.com/e/dvlottery/