Federal judge orders US to reopen the 2027 green card lottery

The ruling requires the US State Department to announce, open, and run the DV-2027 lottery under its usual procedures, with registration due to open by November 1, 2026

US District Judge Jinsook Ohta ordered the US State Department on October 14, 2026, to reopen registration for the DV-2027 Diversity Visa lottery, the program commonly known as the green card lottery. The preliminary injunction, issued in the US District Court for the Southern District of California, requires Secretary of State Marco Rubio to publicly announce the registration period and open the system to electronic entries, as reported by Courthouse News Service.

The ruling reverses what the plaintiff described as a “de facto cancellation” of the Diversity Visa Program. The US State Department had not opened DV-2027 registration, and the fiscal year for those visas began on October 1, 2026, without a single selectee, the first time in the program’s history since its creation under the Immigration Act of 1990 that the lottery went without a registration period or drawing.

The case was brought by Red Eagle Law, L.C., a Southern California immigration law firm, which filed a lawsuit against Rubio in August 2026 (case no. 3:26-cv-04738), arguing that the US State Department has a mandatory legal obligation to administer the program and that its failure to open registration violated the Administrative Procedure Act.

What did the court order the State Department to do?

Judge Ohta’s preliminary injunction imposes a series of specific requirements on the US State Department. The announcement of the DV-2027 registration period must identify the opening and closing dates, the website through which individuals may submit electronic entries, and the requirements for participating in the program. The US State Department must also disseminate this information through its customary public notification channels, including the Federal Register.

The registration period must last 30 days. The US State Department must accept all electronic entries submitted during this window, provided applicants meet the program’s eligibility and documentation requirements.

After registration closes, the US State Department must notify individuals selected for the diversity visa lottery and process their applications under its usual procedures and applicable law until all available visas have been issued or until the fiscal year ends on September 30, 2027, whichever comes first.

When will DV-2027 registration open?

The court approved the amended schedule on October 14, 2026. Under the revised deadlines, the US State Department must announce registration details by midnight Eastern time on October 29, 2026, and open electronic registration by November 1, 2026. Registration must then remain open for the full 30-day period, closing around December 1. The US State Department must notify selected applicants by December 3, 2026.

Judge Ohta initially ordered the US State Department to announce the registration period by midnight Eastern time on October 15 and to open registration by October 18. Red Eagle Law founder Curtis Morrison subsequently filed a joint motion with the government to extend those deadlines by approximately two weeks to allow time for implementation.

As of October 19, 2026, the DV-2027 registration portal has not yet opened and the US State Department has not published registration instructions. These deadlines represent maximum dates, and the US State Department may act earlier.

What led to the court ruling?

The dispute traces to November 2025, when the US State Department announced it was “implementing certain changes” to the Diversity Visa entry process and would publish new registration dates “as soon as practicable.” Registration never opened.

Fiscal year 2026 ended on September 30, 2026, without a DV-2027 registration period having been established. The government subsequently argued in court that the statutory deadline for opening DV-2027 registration had passed, making compliance a “literal impossibility.”

Morrison countered that the administration should not be permitted to delay the program until the deadline expired and then invoke that same deadline as grounds for inaction. At a September 24 hearing, Judge Ohta indicated she had become “more skeptical of the government’s position” than earlier in the case. Morrison described the outcome as a vindication of the legal framework, stating that “when George Herbert Walker Bush made it the law in 1990, the Trump administration can’t just ignore the laws they don’t like.”

The US Department of Justice did not respond to requests for comment from Courthouse News Service following the ruling.

Where can applicants register for the DV-2027 lottery?

Registration for the Diversity Visa lottery is conducted exclusively through the US State Department’s official website at dvprogram.state.gov. The program is free to enter. Eligibility requires applicants to have been born in a qualifying country and to meet a minimum education requirement (a high school diploma or equivalent) or to have two years of qualifying work experience.

The US State Department has consistently warned that only its official website should be used for registration. Third-party websites or intermediaries that claim to offer early access, guaranteed results, or expedited processing are not affiliated with the program.

Once the US State Department publishes the DV-2027 registration instructions, applicants should review the specific requirements, eligible countries, and entry procedures before the 30-day window closes.