Judge Ohta: Orders 2027 Green Card Lottery Reinstatement After Lawsuit

• A federal judge ordered the U.S. Department of State to reopen the 2027 Diversity Visa Program, also known as the Green Card Lottery.
• The ruling, a preliminary injunction by Judge Jinsook Ohta, allows up to 55,000 people to apply for permanent U.S. residency.
• The lawsuit was filed by Red Eagle Law after the Trump administration failed to open the program's registration period on time.
• The judge mandated the State Department to announce the registration period by October 15, ensuring it lasts 30 days.
• The program, established in 1990 under the Immigration and Nationality Act, faced de facto cancellation due to the administration's delays.

The ruling underscores the judiciary's crucial role in upholding established law, particularly concerning immigration pathways.

A federal judge in San Diego has issued a significant preliminary injunction, compelling the U.S. Department of State to reinstate the 2027 Diversity Visa Program, commonly known as the Green Card Lottery. This judicial directive, handed down by U.S. District Judge Jinsook Ohta, ensures the US immigration lottery reopening for 2027, preserving a pathway to permanent residency for tens of thousands of individuals.

The ruling specifically allows up to 55,000 people from various countries to apply for permanent residence in the United States. This decision comes after the Trump administration failed to initiate the program's registration period on schedule, leading to a legal challenge that sought to reverse what was effectively a cancellation of the vital immigration lottery.

The legal action was spearheaded by Red Eagle Law, a Southern California law firm specializing in assisting immigrants with program applications. The firm filed a lawsuit against Secretary of State Marco Rubio in August, seeking a preliminary injunction that would mandate the reopening of the registration period for the lottery.

Curtis Morrison, the founder of Red Eagle Law, argued that the government's failure to launch the program on time amounted to a de facto cancellation. He had previously contended that the State Department had "gaslit" both his firm and potential applicants by suggesting the Green Card Lottery was undergoing changes and would be delayed, a tactic he believed was designed by the Trump administration to postpone the program until it was too late to implement. The administration itself had argued that it was indeed too late to proceed with the registration.

Judge Ohta's ruling includes precise and immediate directives for the 2027 Green Card Lottery reinstatement. Secretary Rubio is explicitly ordered to publicly announce the registration period no later than midnight on October 15. This announcement must clearly identify the exact opening and closing dates for submissions, the official website where individuals can submit electronic entries, and all necessary requirements for participating in the program.

Furthermore, the State Department is mandated to disseminate this critical information through all its customary public notification channels, including publication in the Federal Register. The registration window itself must remain open for a full 30 days to ensure adequate opportunity for applicants. Judge Ohta, a Joe Biden appointee, also stipulated that the State Department must accept all electronic entries that meet eligibility and documentation criteria.

The order requires the State Department to notify individuals selected for the diversity visa lottery and process their applications according to its usual procedures. This processing must continue without interruption until all available visas have been issued or until the fiscal year concludes at the end of September 2027. Following the ruling, Morrison indicated he has filed a joint motion to extend the 30-day deadline by an additional two weeks, aiming to prevent any potential logistical complications.

This significant ruling underscores the judiciary's crucial role in upholding established law, particularly concerning immigration pathways. The Diversity Visa Program, a key component of the Immigration and Nationality Act, was established in 1990 during President George Herbert Walker Bush's administration. It provides a pathway to permanent residency for individuals from countries with historically low rates of immigration to the United States.

Curtis Morrison, in response to the Judge Jinsook Ohta ruling, highlighted that the decision prevents any administration from unilaterally disregarding laws it finds unfavorable. The Trump administration had consistently expressed opposition to the program since its initial term in office.

Ultimately, this decision ensures the continued operation of the US immigration lottery reopening for 2027, preserving a vital avenue for up to 55,000 prospective immigrants. The Department of Justice did not provide a comment regarding the court's decision.

Source: Original reporting via Courthouse News