The three‑judge panel of the 9th US Circuit Court of Appeals, on Thursday, denied the Trump administration’s request to reinstate a lower court order that would have forced the State Department to reopen the Diversity Visa lottery for 2027. This decision keeps the program closed until the court lifts the stay, meaning the November 1, 2026 deadline for DV‑2027 registration will not be met.
Red Eagle Law, the immigration firm that filed suit against Secretary Marco Rubio in August, said it would pursue additional litigation, arguing the State Department has not complied with its duty to conduct the DV‑2027 registration. The firm’s lawsuit followed a December 2025 pause by the administration and an August 2026 State Department announcement of a second pause prompted by a prior court order.
Judges cited lack of standing, noting the firm had not represented any prospective lottery applicants. They underscored that the Diversity Visa program was designed to encourage immigration from countries with historically low U.S. entry rates, not to generate revenue for law firms. As a result, applicants who had been counting on the November 1 opening are left in limbo.
The State Department, citing a review of screening and vetting protocols after incidents such as the Brown University shooting and the killing of an MIT professor, said it may conduct interviews but will not issue visas while the review proceeds. The appeal against the district court’s preliminary injunction remains pending, leaving the 2027 lottery’s fate undecided and a final decision on whether the program will resume expected in the coming weeks.