In a move critics are calling a stunning display of judicial overreach, a federal judge has commanded the State Department to reopen registration for the 2027 diversity visa lottery, a controversial program that has come under intense scrutiny for its serious national security implications.
U.S. District Judge Jinsook Ohta, a Biden appointee who immigrated from South Korea, on Wednesday granted a preliminary injunction. This judicial decree forces Secretary of State Antony Blinken and his department to run the green card lottery on a court-mandated timeline, overriding the executive branch's prior decision to pause the program.
The department is now compelled to announce the registration period this week, open a 30-day window for electronic entries by October 18, and notify selected applicants by November 19. Following this, the department must process and award the up to 50,000 visas until the 2027 allotment is exhausted or the fiscal year concludes next September. It's a rapid timeline that raises questions about thorough vetting in a program already fraught with security concerns.
The diversity visa program, notoriously dubbed the "green card lottery," indiscriminately doles out up to 50,000 immigrant visas each year. This merit-blind system brings individuals from countries that send few immigrants to the United States, a concept established by Congress in 1990 that seems increasingly out of touch with America First priorities in an era of heightened global threats.
Adding to the controversy, Judge Ohta's decision marks a stark reversal. Just weeks prior, she had denied an emergency bid from the very same Southern California immigration firm, Red Eagle Law, to force the program open, even questioning her own authority to intervene.
"You're asking me to demand that the government restart this program," Ohta stated from the bench at that earlier hearing, a sentiment that many conservative legal minds now echo in light of her new order.
Red Eagle Law had filed suit in July, arguing that the department's failure to open 2027 registration was "arbitrary, capricious, and not in accordance with law," claiming a loss of clients. Government lawyers countered that the firm had waited too long and the statutory deadline had already passed, leaving the court no lawful path to order a reopening. The firm, however, branded the pause a "de facto cancellation."
The crucial context for this entire saga, and what makes Judge Ohta's order particularly alarming, is the reason the lottery was put in limbo to begin with. The program was suspended last December by Homeland Security Secretary Kristi Noem after a chilling discovery: the Brown University shooter was found to have entered the country through this very "diversity" program in 2017. This incident served as a stark reminder of the program's inherent risks and the urgent need to prioritize American safety over abstract "diversity" metrics.
This isn't an isolated incident. The State Department previously resumed issuing diversity visas in August under a separate court order, and another federal judge in Northern California also found the department delayed processing in a related case. It seems the judiciary is determined to keep this flawed program running, regardless of the national security implications or the executive branch's efforts to protect Americans.
The order immediately sparked widespread concern and dismissive replies online, with many questioning whether a judge possesses the constitutional authority to unilaterally direct the executive branch to administer such a program. Concerns also rose over the apparent judicial activism, particularly from an appointee of the current administration, further eroding public trust in institutions that seem increasingly detached from common sense and the safety of American citizens.
This decision underscores a disturbing trend where unelected judges override the executive branch, especially on matters of national security and immigration. It’s a direct challenge to the America First agenda, which rightly demands a secure border and an immigration system that prioritizes the safety and well-being of American citizens above all else. The American people deserve an immigration policy based on merit and national interest, not a lottery system that demonstrably puts them at risk.
