US: Trump Administration Appeals 2027 Diversity Visa Lottery Reopening
- The Trump administration has appealed a federal court order directing the State Department to reopen the 2027 Diversity Visa lottery registration period
- US District Judge Jinsook Ohta ruled that the State Department's indefinite suspension of the programme was arbitrary and capricious
- Under court-approved deadlines, the State Department faces an October 29 deadline to announce the registration period and November 1 to open it for 30 days
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The Trump administration has filed an appeal against a federal court order compelling the State Department to reopen the 2027 Diversity Visa lottery, and has simultaneously sought to pause that order while the appeal is heard.
US District Judge Jinsook Ohta of the Southern District of California had issued a preliminary injunction in a case brought by immigration law firm Red Eagle Law, L.C., directing the State Department to restart the programme, which allocates up to 55,000 diversity visas annually to nationals of countries with historically low immigration rates to the United States.
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Trump administration challenges Diversity Visa ruling
The government submitted its notice of appeal on 19 October, contesting both the preliminary injunction and associated orders issued by Ohta. Separately, the administration filed a motion asking the judge to stay her injunction pending the outcome of the appeal. A State Department spokesman declined to comment, citing pending litigation.
The State Department had announced in November 2025 that it was modifying the DV-2027 entry process and would confirm a registration start date at the earliest opportunity. However, no registration period had commenced even after fiscal year 2027 began on 1 October, a fact the court found constituted an effective cancellation of the programme.
Judge finds suspension arbitrary and capricious
In her ruling, Ohta noted that the State Department had offered no justification for why an initially announced temporary delay had transformed into an open-ended suspension. "The State Department also offered no reason as to why the temporary postponement announced in November 2025 turned into an indefinite suspension extending into the start of fiscal year 2027," she wrote. The absence of any explanation, particularly regarding whether officials had considered the interests of those relying on the programme, led the judge to conclude that the suspension was "arbitrary and capricious."
Ohta found that Red Eagle Law had satisfied the threshold for a preliminary injunction on several grounds. The law firm demonstrated it was likely to succeed on the merits of its challenge, given the State Department's failure to adequately explain the programme's suspension.
The judge also determined that the firm would suffer financial harm through lost clients and revenue that could not be recouped through the litigation itself. She further held that reopening the programme would not impose an undue burden on the government and would serve the public interest by ensuring compliance with federal law.
The government contended that the court lacked authority to order a lottery to commence after the registration window should have already taken place, and argued that doing so would constitute an improper nationwide injunction. Ohta rejected both arguments, finding that a late registration period would still satisfy Congress' requirement for the programme to function.
Under deadlines agreed between the parties and approved by the court, the State Department must announce the registration period by 29 October, open registration on 1 November for a period of 30 days, and notify selectees by December.
US lists 50 countries facing visa bond requirements
Earlier, YEN.com.gh reported that the US had published an updated list of 50 countries whose citizens are required to pay a visa bond before they can be granted entry into the country.
The policy requires affected travellers to deposit a sum of money with the US government as a financial guarantee that they will leave the country before their visas expire.
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Source: YEN.com.gh
