A ruling by federal judge Jinsook Ohta from the U.S. District Court for the Southern District of California has mandated the State Department to reopen the Diversity Visa Lottery for fiscal year 2027. This decision directly challenges the immigration policies established by the Trump administration.
In the case Red Eagle Law, L.C. v. Marco Rubio (No. 3:26-cv-04738-JO-VET), the court found the State Department's inaction to be "arbitrary and capricious," violating the Administrative Procedure Act. The lawsuit was filed by Red Eagle Law and its founder, attorney Curtis Morrison, based in San Diego County. Initially, the court set tight deadlines, but both parties later submitted a joint motion to adjust them, which Judge Ohta approved the same day. Under the new timeline, registration must commence by November 1, 2026, remain open for at least 30 days, and selected individuals must be notified by December 3.
The State Department is also required to process the visas until the cap of 55,000 is reached or until September 30, 2027. The court retains jurisdiction over the enforcement of this order.
Understanding the Diversity Visa Program
The Diversity Visa Program, established by the Immigration Act of 1990, annually allocates visas via a lottery to nationals from countries with historically low immigration rates to the U.S. Typically, registration takes place in October and November of the preceding fiscal year, but for DV-2027, this period was skipped. On December 23, 2025, Trump halted the program without exceptions, and in April 2026, Rubio announced officially that "the issuance of new diversity visas has been suspended by the Trump administration." Red Eagle Law initiated the lawsuit in August 2026, citing a delay of approximately 11 months past the expected deadline, arguing that Rubio acted "without any statutory or regulatory authority." According to Newsweek, the judge described the State Department's behavior as "arbitrary and capricious government action." Although the government might appeal to the 9th Circuit, confirmation of such an appeal has yet to be announced as of Thursday.
Important Information for Cubans
For the Cuban community, a crucial point is that Cuba is not eligible for DV-2027. The law excludes countries that have sent 50,000 or more immigrants to the U.S. in the previous five fiscal years, a threshold Cuba exceeds. Cuba was also ineligible for DV-2026.
There are very limited exceptions: a person born in Cuba may participate using the birthplace of their spouse—if that country qualifies and both are included in the application—or one of their parents, provided neither parent was legally residing in Cuba when the applicant was born.
Even for those who can participate through these exceptions, winning the lottery doesn't guarantee a visa. The order specifies that processing will be "subject to applicable law," and restrictions from the Travel Ban on Cuban citizens—effective since June 2025—remain in place. Despite recent judicial changes, Cuba is still blocked in various immigration categories.
Registration Tips and Fraud Prevention
For those who qualify, registration is entirely free and must be done exclusively through the official portal dvprogram.state.gov. Any person or agency charging for registration or claiming to improve selection odds is engaging in fraud.
Given the ongoing legal situation—with a potential government appeal and deadlines that might change—consulting an immigration attorney before making decisions based on this court order is advised.
The Visa Lottery, Travel Ban, and their effects on Cubans are part of an ever-evolving immigration landscape. Stay updated with all the latest developments in our U.S. Immigration section.
Key Questions About the 2027 Diversity Visa Lottery
Why is the Diversity Visa Program important?
The Diversity Visa Program promotes diversity by granting visas to nationals from countries with low U.S. immigration rates, offering a chance for many to live and work in the United States.
What are the eligibility criteria for DV-2027?
Eligibility is determined by the applicant's country of birth, which must have sent fewer than 50,000 immigrants to the U.S. in the past five years. Exceptions include using a qualifying spouse's or parent's country of birth.
How can applicants avoid scams?
Applicants should register only through the official dvprogram.state.gov site and be wary of any entity charging fees or promising increased odds of selection, as these are scams.