The federal judge Jinsook Ohta of the Southern District of California ordered the State Department on Wednesday to reopen the Diversity Visa Lottery program for fiscal year 2027, in a ruling that directly challenges the immigration policy of the Trump administration.
The order, issued in the case Red Eagle Law, L.C. v. Marco Rubio (No. 3:26-cv-04738-JO-VET), determined that the inaction of the Department of State constituted an "arbitrary and capricious action," violating the Administrative Procedure Act.
The plaintiff is the law firm Red Eagle Law and its founder, attorney Curtis Morrison, based in San Diego County, California.
The original order set very tight deadlines, but that same Wednesday both parties submitted a joint motion to modify them, which Judge Ohta approved a few hours later.
According to the new agreed deadlines, registration must open no later than November 1, 2026, remain open for at least 30 days, and the selected individuals must be notified before December 3.
The Department of State is also required to process visas until the quota of 55,000 visas is exhausted or until September 30, 2027.
The court retains jurisdiction over the implementation.
The Diversity Visa Program, established by the Immigration Act of 1990, awards these visas annually through a lottery to nationals of countries with low historical immigration rates to the United States.
Historically, the registration occurs in October-November of the previous fiscal year, but for the DV-2027, that period was never opened.
In December 2025, Trump suspended the program without exceptions, and in April 2026, Rubio formally announced that "the issuance of new diversity visas has been suspended by the Trump administration."
Red Eagle Law filed its lawsuit in August 2026, approximately 11 months later than the expected deadline, arguing that Rubio acted "without any statutory or regulatory authority."
According to Newsweek, the judge described the Department's conduct as "an arbitrary and capricious government action."
The government could appeal to the 9th Circuit, although as of this Thursday, it has not been confirmed that it has done so.
What Cubans need to know
The most important information for the Cuban community is a warning: Cuba is not eligible for the DV-2027.
The law excludes countries that sent 50,000 or more immigrants to the United States in the previous five fiscal years, a threshold that Cuba exceeds.
Cuba was also not eligible for DV-2026.
There are two very limited exceptions: a person born in Cuba can participate using the country of birth of their spouse —if that country is eligible and both are included in the application— or that of one of their parents, if neither was legally residing in Cuba when the applicant was born.
Even for those who might participate through those means, winning the lottery does not guarantee obtaining the visa.
The order states that the processing will be "subject to applicable law," and the restrictions of the Travel Ban on Cuban citizens—effective since June 2025—remain in place.
Cuba remains blocked in multiple immigration categories despite recent judicial changes.
How to sign up and avoid scams?
For those who are eligible, registration is free and must be completed on the official portal dvprogram.state.gov.
Applicants may seek advisory or assistance services, but they do not need to pay intermediaries to participate in the draw.
They should be wary of those who promise to guarantee selection, increase the odds of winning, or charge alleged official registration fees.
Given that the legal situation is still evolving—with a possible appeal from the government and timelines that could change—it is advisable to consult an immigration lawyer before making decisions based on this court order.
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