A federal judge has allowed a lawsuit challenging the State Department's handling of the 2027 Diversity Visa program to move forward, while denying an emergency request to immediately restart the registration process. District Judge Jinsook Ohta denied without prejudice Red Eagle Law's request for a temporary restraining order that sought to compel Secretary of State Marco Rubio to open registration for the 2027 Diversity Visa program. The Diversity Visa program, commonly known as the Green Card Lottery, is a U.S. immigration program that makes up to 55,000 immigrant visas available each year to eligible people from countries with historically low rates of immigration to the United States.
Although the court declined to grant emergency relief, Ohta ordered the case to proceed on an expedited schedule. Newsweek has contacted the U.S. Department of State for comment via contact form outside office hours.
During the September 3 hearing, Ohta suggested timing concerns weighed against emergency relief. According to Courthouse News, the judge said that "much of the ship has sailed already" and later added that "no matter how fast I act, it would still be a little too late." She nonetheless indicated she would consider a motion for a preliminary injunction before the end of September. Red Eagle Law sued Rubio on August 19, arguing that the State Department has unlawfully failed to establish a registration period for the 2027 Diversity Visa lottery, commonly known as the green card lottery.
The firm alleges the department has a legal obligation to conduct the program each year and that its failure to do so violates federal law. According to the complaint, the Diversity Visa program was created by Congress in 1990 and allocates up to 55,000 immigrant visas annually to people from countries with historically low rates of immigration to the United States. Red Eagle argued that the State Department has traditionally opened registration during October and November and that no registration period has been announced for the 2027 cycle.
The lawsuit seeks a court order requiring the State Department to create a registration window of at least 30 days and argues that Rubio's alleged failure to do so is "arbitrary, capricious, and not in accordance with law." Red Eagle also says it has suffered economic harm because a significant portion of its practice involves representing Diversity Visa applicants and selectees. In court filings, the firm's owner, attorney Curtis Lee Morrison, said the program has historically accounted for a substantial share of the firm's work and revenue. The government opposed the request for a temporary restraining order, arguing that the plaintiff waited too long to bring its claims and failed to establish the urgency required for emergency relief.
Government attorneys also challenged the firm's standing to sue, arguing that Congress created the Diversity Visa program for prospective immigrants, not for immigration law firms seeking business opportunities. In its filings, the government noted that the State Department announced in November 2025 that it planned to make changes to the Diversity Visa process and would announce a registration period for the 2027 lottery "as soon as practicable." The administration subsequently paused Diversity Visa issuances in December 2025 as the State Department reviewed screening and vetting procedures, citing national security concerns. That pause was later lifted following a federal court order in August 2026.
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