Hopes for this year’s green card lottery dimmed after a federal appeals court sided with the Trump administration. For people in many countries, the lottery is one of the few ways to win permanent residency in the United States.
A panel of the 9th U.S. Circuit Court of Appeals on Thursday, Oct. 29, 2026, paused a lower court order that required the State Department to reopen the 2027 diversity visa lottery.
Why did the appeals court pause the diversity visa order?
In an unsigned opinion, the panel said the government is likely to win its appeal because the law firm that sued has not shown it is arguably within the group of interests the diversity visa law was meant to protect or regulate. The ruling focused on whether the firm had the right to sue, not on whether the suspension itself was lawful.
Under Supreme Court precedent, people suing over alleged violations of the Administrative Procedure Act must show their interests fall within that zone. The panel granted the government’s emergency request to put the lower court’s order on hold while the appeal continues.
The State Department did not respond to a request for comment. The firm, which represents itself in the case, has argued that the delay amounted to a cancellation of the 2027 program.
What did the lower court order?
Judge Jinsook Ohta of the Southern District of California issued a preliminary injunction Oct. 14 ordering the department to reopen the program, starting with lottery registration.
Registration had been set to open Nov. 1, with selected entrants to be notified by Dec. 3. The judge found the firm would lose clients and revenue if the program stayed suspended. The deadlines had already been pushed back once by agreement of both sides.
The case was brought by Red Eagle Law, a California immigration firm whose business depends heavily on clients applying through the diversity visa program.
Why was the diversity visa program suspended?
The Trump administration suspended the program in December 2025 after a man who had entered the country through it allegedly killed three people in attacks in Rhode Island and Massachusetts, including at Brown University. Officials said the case showed the need for tougher screening of immigrants.
The administration, which has long opposed the lottery, then did not open registration for the 2027 cycle on its usual schedule. The State Department had said the program was undergoing changes.
Supporters of the program say it offers a rare legal path to the United States for people from countries with low rates of immigration. Critics argue it admits people based on chance rather than skills or family ties.
What is the diversity visa lottery?
Created by Congress in 1990, the diversity visa lottery makes up to 55,000 green cards available each year to people from countries with historically low immigration to the United States. Millions of people enter the lottery each year, making the odds of winning very low.
Applicants must meet education or work experience requirements. Winners still must pass background checks and interviews before receiving visas. Winning the lottery does not guarantee a green card, because there are more selections than available visas.
Africa has been one of the program’s biggest sources of winners. Some countries with high immigration levels, including Nigeria and India, are not eligible.
What happens next?
The appeal will continue in the 9th Circuit. Unless the ruling is reversed, the 2027 registration is unlikely to open as planned. The firm could ask the full court to review the decision.
For hopeful applicants around the world, the future of the diversity visa program remains uncertain.
