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By Billal Rahman
Immigration Reporter
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A federal appeals court has temporarily blocked an order requiring the Trump administration to reopen the Diversity Visa lottery, allowing the government to keep the program paused while it pursues an appeal.
A three-judge panel of the 9th U.S. Circuit Court of Appeals on Thursday granted the government's emergency request to stay a preliminary injunction that would have required the State Department to open registration for the fiscal year 2027 Diversity Visa Program by Sunday, November 1.
Red Eagle Law, a California-based immigration law firm that represents Diversity Visa selectees, sued Secretary of State Rubio in August over the State Department's failure to open registration for the Diversity Visa Program for fiscal year 2027.
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The court's decision does not resolve the government's underlying appeal. Instead, it puts the lower court's order on hold while that appeal moves forward.
"We do not endorse the Department’s failure to open the lottery registration period. Nevertheless, Red Eagle has not shown a likelihood of success on the merits because it is not within the zone of interests of the statute and does not have a cause of action," the court wrote.
The Diversity Visa Program makes available up to 55,000 visas annually to people from countries with low rates of immigration to the United States. The appeals court said the State Department had failed, without explanation, to open the registration period for fiscal 2027, “effectively canceling” the program.
This is a developing story and will be updated.
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