A California law firm's emergency bid to force the State Department to open the 2027 Diversity Visa lottery failed in federal court on September 3, 2026—but the lottery itself is not officially dead. Judge Jinsook Ohta denied the emergency temporary restraining order in Red Eagle Law L.C.'s case against Secretary of State Marco Rubio, citing timing concerns.
Congress has not repealed the Diversity Visa Program, and federal law still provides for 55,000 diversity visas per fiscal year; the Trump administration has only suspended it administratively. This distinction matters for anyone waiting for DV-2027 registration, which has never opened and remains suspended indefinitely as of October 3, 2026. A failed lawsuit is not the same as an official cancellation—and a separate successful lawsuit has already forced the government to resume processing existing DV-2026 cases.
Official resources:
- USCIS Newsroom — Use this primary source to verify the official announcement.
- Court House News — Use this primary source to verify the official announcement.
Table of Contents
- What the Red Eagle Lawsuit Sought and Why It Failed
- Is DV-2027 Dead, or Just Suspended?
- The Win: DV-2026 Processing Resumed
- What This Means for Your Situation
- What Happens Next
- Frequently Asked Questions
What the Red Eagle Lawsuit Sought and Why It Failed
Red Eagle Law L.C., based in California, filed a lawsuit on August 19, 2026, asking the courts to compel the state Department to open DV-2027 registration. The firm sought an emergency temporary restraining order to force that outcome immediately. On September 3, Judge Jinsook Ohta denied the emergency request, citing timing concerns about the urgency of the request.
However, the case was not dismissed. Judge Ohta scheduled an expedited hearing for the preliminary injunction motion on September 24, 2026, allowing Red Eagle's broader case to move forward even after the emergency request was denied. This means the lawsuit is still alive—the court simply declined to grant immediate relief.
Is DV-2027 Dead, or Just Suspended?
The title's use of "officially dead" overstates the situation. DV-2027 has not been cancelled by Congress or repealed as law. The Diversity Visa Program remains part of federal statute, and the law still calls for 55,000 diversity visas per fiscal year. What has happened is an administrative suspension—the trump administration has not opened registration for the 2027 fiscal year, which began October 1, 2026.
An administrative suspension is a temporary policy choice, not a permanent legal change. Congress would need to pass new legislation to truly repeal the program. As of October 3, 2026, DV-2027 registration has never opened and remains suspended indefinitely, leaving the current fiscal year with no selected winners so far. But indefinite suspension is not the same as official cancellation.
The Win: DV-2026 Processing Resumed
while the Red Eagle lawsuit seeking DV-2027 registration opening failed, a separate case succeeded in getting the government to resume work on existing cases. On August 28, 2026, U.S. District Judge Edward J. Davila issued a preliminary injunction in *Medani v.
Trump*, ordering USCIS to resume adjudication of pending DV-2026 adjustment-of-status applications that had been frozen. This means people who already won the DV-2026 lottery and are waiting for their green card applications to be processed are no longer stuck indefinitely. This injunction applies to DV-2026 specifically—people who were selected in the 2026 lottery drawing and are at the adjustment stage. It does not open a new registration period for DV-2027.
What This Means for Your Situation
If you already have a DV-2026 case pending (you were selected in the lottery and applied for adjustment of status), USCIS is now required to resume processing your application following the Medani v. Trump injunction. Check your case status through the USCIS online system to see where your application stands. If you were hoping to apply for DV-2027, registration has not opened, and the Red Eagle lawsuit's failure means the courts are not forcing the State Department to open it. You will need to wait for an announcement from the State Department—which may or may not come, depending on whether Congress or the courts intervene further.
What Happens Next
The Red Eagle case is still advancing toward a preliminary injunction hearing, so it is not over. A preliminary injunction ruling could require the State Department to open DV-2027 registration, though the September 3 denial suggests the judge was not convinced by the emergency argument. Congressional action could also reinstate the program or force it open, though no such legislation is currently pending.
Realistically, anyone seeking the diversity visa should monitor official State Department announcements and immigration law firm updates for news of any registration opening. Do not rely on third-party predictions—only the State Department officially announces when registration periods begin.
Frequently Asked Questions
Is the Diversity Visa Program permanently cancelled?
No. Congress has not repealed the program, and federal law still provides for 55,000 diversity visas per year. The Trump administration has suspended it administratively, which is a temporary policy that could change through new legislation or further court orders.
My DV-2026 application is pending. Does the failed Red Eagle lawsuit affect me?
No. The separate *Medani v. Trump* case succeeded in ordering USCIS to resume processing DV-2026 adjustment-of-status applications, so your case should move forward.
When will DV-2027 registration open?
There is no announced date. The State Department has not opened it, and the court did not order it to do so on September 3. Only official State Department announcements confirm registration openings.
Can the Red Eagle lawsuit still succeed?
Yes. Although the emergency request was denied, the case was allowed to advance to a preliminary injunction hearing scheduled for September 24, 2026, so the lawsuit is ongoing.