A federal appeals court has temporarily blocked an order requiring the government to reopen the Diversity Visa lottery, granting the administration a pause on the program while its broader legal challenge proceeds.
A three-judge panel of the 9th U.S. Circuit Court of Appeals issued a ruling on Thursday granting an emergency request from the government to stay a preliminary injunction. That lower court order had previously mandated that the State Department open registration for the fiscal year 2027 Diversity Visa Program by Sunday, November 1.
The underlying legal battle stems from an August lawsuit filed against Secretary of State Rubio by Red Eagle Law, a California-based immigration law firm representing individuals selected through the visa lottery. The firm brought the action after the State Department failed to initiate the registration period for the fiscal 2027 cycle.
Thursday’s appellate decision does not determine the final outcome of the government’s appeal, but it prevents the lower court’s directive from taking effect while the litigation continues.
In its ruling, the three-judge panel addressed the department’s actions while questioning the plaintiffs’ standing under the current framework. “We do not endorse the Department’s failure to open the registration period,” the court wrote. “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 Diversity Visa Program is a federally mandated initiative that makes up to 55,000 visas available each year to applicants from countries with historically low rates of immigration to the United States. In reviewing the case, the appeals panel noted that the State Department had failed to open the registration window for fiscal 2027 without providing an explanation, a move the court described as effectively canceling the program.
