A federal appeals court on October 29 granted the Trump administration’s request for a stay on a lower court order that would have required the State Department to reopen registration for the Diversity Visa Lottery Program for fiscal year 2027. The decision, issued by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit, temporarily halts the implementation of the preliminary injunction while the government pursues its appeal.
The appeals court ruled that the plaintiffs, Red Eagle Law, an immigration law firm representing selectees for the program, lacks standing to challenge the government’s decision. In a per curiam opinion, the panel stated that Red Eagle had not demonstrated that it was ‘arguably within the zone of interests to be protected or regulated’ by the Diversity Visa Program statute. The court emphasized that plaintiffs suing over alleged violations of the Administrative Procedure Act must show such a connection to the statute’s protections.
The State Department did not immediately comment on the ruling by the time of publication. The Diversity Visa Program, also known as the Green Card Lottery, annually awards up to 55,000 visas to individuals from countries with low immigration rates to the United States. The program typically opens registration in late fall for the following fiscal year, but the State Department did not open registration for fiscal year 2027, effectively canceling the lottery.
Red Eagle Law has indicated it will continue pursuing litigation against the government over the program’s cancellation. The firm previously sued Secretary of State Marco Rubio in August, arguing that the failure to open registration constituted an unexplained cancellation of the program.
The appeals court’s decision does not resolve the underlying merits of the case but suspends the lower court’s order while the appeal proceeds. The program’s future remains uncertain as the legal battle continues.
Background: How the Diversity Visa Program Works
The Diversity Visa Lottery Program is administered by the State Department and allocates visas through a random selection process. Each year, approximately 100,000 individuals from eligible countries are selected to apply for one of the 55,000 available visas. The program aims to diversify the immigrant population in the U.S. by prioritizing applicants from countries with historically low rates of immigration to America.
Legal Context: Standing and Statutory Interpretation
The appeals court’s ruling hinged on the legal principle of standing, which requires plaintiffs to demonstrate a direct connection to the law they are challenging. The panel cited prior Supreme Court precedent, noting that plaintiffs must show their interests are ‘arguably within the zone of interests’ protected by the statute. The court concluded that Red Eagle had not met this threshold.
Next Steps in the Legal Process
The government’s appeal is ongoing, and the appeals court’s stay will remain in effect pending the resolution of that appeal. If the government succeeds on appeal, the lower court’s injunction will be vacated, and the State Department will not be required to reopen registration. If the appeal fails, the case will return to the lower court for further proceedings on the merits.
The outcome of this case could have significant implications for the Diversity Visa Program’s future, including whether the government can alter or cancel the program without judicial intervention.