Biden‑appointed judge orders State Department to open 2027 Diversity Visa lottery

Judge Jinsook Ohta, a federal judge appointed by President Joe Biden, issued a preliminary injunction on Oct. 15 requiring the U.S. State Department to announce and open the 2027 Diversity Visa lottery registration by Oct. 18, with notification of selectees due by Nov. 19.

The order follows a lawsuit filed by California immigration firm Red Eagle Law, which argued that the department’s failure to open the lottery violated federal law and effectively cancelled a program created by the 1990 Immigration Act.

The Diversity Visa program, often called the “green card lottery,” offers up to 55,000 immigrant visas each fiscal year to individuals from countries with historically low rates of U.S. immigration. Winners receive lawful permanent resident status and may later apply for U.S. citizenship.

In late 2025, the program faced intense scrutiny after a suspect in a deadly Brown University shooting was found to have entered the United States through a diversity visa. The incident prompted then‑Homeland Security Secretary Kristi Noem to call the program “disastrous” and the Trump administration to pause it. The State Department did not reopen the 2027 registration window on its usual schedule.

Judge Ohta’s ruling requires the department to publicly announce the registration period on its website, open a 30‑day electronic entry window, and process applications until the allocation is exhausted or the fiscal year ends in September 2027. The judge rejected the government’s argument that the statutory deadline had already passed, stating that the agency must comply with its congressional mandate.

Legal experts note that the decision underscores the judiciary’s role in enforcing immigration statutes, even amid political disagreements. Critics of the program argue it poses security risks, while advocates emphasize its contribution to diversity and opportunity for individuals lacking family or employment‑based pathways.

The State Department has yet to issue a public statement confirming compliance with the court order, and observers expect the registration portal to go live within days, allowing millions of prospective applicants to submit electronic entries.