The Lottery the Government Tried to Skip
Congress says the State Department runs a green card lottery every year. This year it didn’t, so a judge ordered it to.
What’s happening
The Diversity Visa lottery gives out up to 55,000 green cards a year to people from countries that don’t send many immigrants here. It’s written into federal law. This year the State Department just didn’t open it. No announcement, no registration, no real explanation.
So a law firm, Red Eagle Law, sued. On October 14, Judge Jinsook Ohta of the Southern District of California ordered the government to run it.
The dates that actually count
The first order set very fast deadlines: an October 15 announcement, an October 18 opening, and November 19 notification. The same day, the two sides agreed to a new schedule, and that’s the one that counts:
- October 29: the State Department has to announce registration.
- November 1: registration opens, for 30 days.
- December 3: winners have to be notified.
- September 30, 2027: every visa has to be issued by the end of the fiscal year.
A lot of coverage still quotes the old dates. Here’s a quick test for anything you read about this case:
Why a judge can do this
Courts don’t like telling the executive branch how to run things. But there’s a limit, and a clear statute is it. Congress didn’t suggest the Diversity Visa program. It required it. When an agency won’t do what the law says, a judge doesn’t need to invent any power. Enforcing the statute is enough.
The appeal
The government appealed and asked to pause the order while the appeal plays out. According to the plaintiffs’ lawyers, Judge Ohta said no on October 20. The government is expected to ask the Ninth Circuit next. If that court doesn’t step in, the November 1 opening stands.
The scams
Every time a government program opens, a second one opens right behind it, run by scammers. “Early registration,” “guaranteed selection,” websites that look official. All fake.
Before you enter
There is one real site: dvprogram.state.gov. Entering is free. The State Department doesn’t email winners, doesn’t charge to enter, and doesn’t offer early registration to anyone.
It’s a lottery. Nobody can improve your odds. Anyone who says they can is selling you something the law gives away for free.
What to watch
Whether the announcement actually comes by October 29, and whether the Ninth Circuit gets involved. When registration opens, enter only through the official site and save your confirmation number. Then tell your family to do the same.
Sources
Muhammad M. Ali is a 1L law student writing about immigration law, U.S. foreign policy and Pakistan. Read Closely publishes commentary and general information, not legal advice.