A liberal-majority appeals court in California handed the Trump administration a victory by blocking a lower court’s ruling that ordered the State Department to open its application pool for the 2027 Diversity Visa lottery, which admits roughly 55,000 immigrants from low-immigration countries each year.
In a 2-1 ruling, the Ninth Circuit Court of Appeals blocked a preliminary injunction issued by U.S. District Judge Jinsook Ohta requiring the lottery pool to be opened after Secretary of State Marco Rubio issued a notice in November delaying the program’s acceptance of new applications in order to “implement certain changes,” but the application period never opened.
A month later, the State Department ordered an indefinite pause on issuing diversity visas after a Portuguese national who was issued a lottery visa in 2017 committed a mass shooting at Brown University, killing two people and injuring nine others. The shooter, Claudio Manuel Neves Valente, was also tied to the murder of a Massachusetts Institute of Technology (MIT) professor two days after the Brown University shooting.
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The Ninth Circuit has been a perennial thorn in the side of President Donald Trump, having ruled against key portions of Trump’s 2017 executive order restricting travel from predominantly Muslim countries and blocked a policy barring immigrants from being eligible for asylum if they crossed the southern border between ports of entry.
However, the appeals court ruled that the lower court’s preliminary injunction could not be enforced, finding that the immigration law firm Red Eagle, which represents individuals going through the visa lottery process, did not have standing to sue the federal government. The appeals court ruled that the program was intended to “encourage immigration, not generate revenue for law firms.”
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The court wrote, “If Red Eagle Law were allowed to allege standing based upon its hypothetical or conjectural collateral injury, we would be opening the floodgates, allowing all lawyers to ‘roam the country in search of governmental wrongdoing.’”
However, the court made clear that its ruling was based on procedural grounds and did not weigh whether the State Department failed to follow the law.
“We do not endorse the Department’s failure to open the lottery registration period,” the court wrote.
Abhishek Kambli, a former federal prosecutor and partner at Holtzman Vogel, said the decision by the liberal court was a “very easy call” in a post on X.
“Here, the plaintiff was a law firm not bringing a claim on behalf of someone in the diversity visa lottery but on behalf of the firm itself,” Kambli wrote. “The district court should have never gone beyond standing but CA9 corrected this one.”
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President Donald Trump has been vocal about his opposition to the Visa Lottery Program for years. During his January 2018 State of the Union address, he called for ending the program, arguing that visas should be issued based on merit.
Earlier that same month, Trump said during a bipartisan meeting with lawmakers at the White House that lottery visas allow the “worst of the worst” to come into the country.
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“They call it ‘visa lottery,’ I just call it ‘lottery.’ But countries come in and they put names in a hopper,” Trump said. “They’re not giving you their best names; common sense means they’re not giving you their best names.”
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Countries eligible for the 2026 lottery included Afghanistan, New Zealand, Ecuador, Iran, Uganda, Somalia and Russia. The program was designed to create an additional pathway for people seeking visas who may not qualify through traditional channels, such as employment- or family-based immigration.
