Judge Denies Emergency Order for DV-2027 Registration, Lawsuit Continues

A U.S. District Court judge has denied an emergency request to immediately reopen registration for the 2027 Diversity Visa (DV) program. While this specific order means registration remains closed for now, the underlying lawsuit challenging the State Department’s delay is proceeding on an expedited schedule. The legal action, filed by Red Eagle Law, argues that federal law requires the Secretary of State to announce a registration period of at least 30 days each fiscal year.

The court’s decision on September 8, 2026, by Judge Jinsook Ohta, refused to issue a temporary restraining order compelling the State Department to open DV-2027 registration. However, the judge has kept the case moving forward, setting a hearing for September 24, 2026, to consider a preliminary injunction. This means the court will have a more thorough opportunity to review the dispute and decide whether to order the government to open the lottery.

Lawsuit Challenges State Department’s Delay in DV-2027 Registration

The core of the lawsuit, Red Eagle Law L.C. v. Rubio, centers on the State Department’s failure to announce an official registration window for the DV-2027 program. Plaintiffs contend that federal law and regulations mandate a specific registration period each year. They argue that the absence of this announcement violates these legal requirements.

The legal team must file its motion for a preliminary injunction by September 8. The government is expected to respond by September 14. This compressed timeline indicates the court’s intent to address the matter swiftly. The judge also raised questions about Red Eagle Law’s standing to bring the challenge, which will likely be a point of discussion as the case progresses.

Emergency Request Denied, but Broader Relief Still Possible

Judge Ohta’s denial of the emergency temporary restraining order means the State Department is not currently forced to open DV-2027 registration. This denial was made “without prejudice,” meaning it does not prevent the plaintiffs from seeking broader relief through the preliminary injunction. The preliminary injunction, if granted, could compel the State Department to announce and open a registration period for the DV-2027 lottery. Without such an order, the delay could continue unless the agency decides to act voluntarily or another court intervenes.

DV-2027 Case is Separate from DV-2026 Selectee Issues

It is important to distinguish the current lawsuit concerning DV-2027 from earlier legal actions involving selectees from the DV-2026 program. The new case aims to force the government to open the registration period for the next lottery cycle. It does not seek to extend the deadline for DV-2026 selectees, who generally must receive their visas or adjust their status by September 30, 2026.

Previous court orders have provided different forms of relief for DV-2026 selectees. For instance, U.S. District Judge Richard J. Leon granted partial summary judgment in several cases, ordering the government to resume processing for named plaintiffs and their derivatives before the fiscal-year deadline. Separately, U.S. District Judge Edward J. Davila issued a preliminary injunction in Medani v. Trump, temporarily vacating policies that had halted DV-2026 processing and certifying nationwide classes of affected individuals. These developments primarily affected DV-2026 issuance and processing, not the opening of DV-2027 registration.

Next Steps in the DV-2027 Registration Dispute

The legal battle over DV-2027 registration now moves to the preliminary injunction phase. The court’s schedule is tight, with the plaintiff’s motion due September 8, the government’s response by September 14, and the hearing on September 24, 2026. The outcome of this hearing will determine whether the court will order the State Department to open the registration period for the 2027 Diversity Visa program. The DV-2027 registration fee is reported to be $1, which is a standard requirement and not subject to waiver.

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