US judge lifts Trump's Diversity Visa ban, orders processing of 75-country applicants
Synopsis
A federal judge in California has dismantled three overlapping Trump administration policies that had quietly shut down the Diversity Visa programme for fiscal year 2026 — affecting over 660 families. The ruling exposes a pattern of layered executive action designed to achieve through administrative freezes what outright cancellation might not survive in court.
Key Takeaways
US District Judge Edward J.
Davila issued a preliminary injunction on 29 August temporarily striking down three Trump-era Diversity Visa restrictions.
The order covers a USCIS hold, a State Department Diversity Visa suspension, and a separate pause on immigrant-visa approvals for nationals of 75 countries .
84 families in the US and 577 families abroad are among those directly affected; 444 of the overseas families also faced the 75-country nationality-based pause.
The court found the policies likely arbitrary and capricious under federal administrative law and that agencies failed to consider less restrictive alternatives.
The ruling does not guarantee visa approvals — immigration officers retain individual eligibility authority.
Fiscal year 2026 selectees must be processed by 30 September ; a joint status report is due by 18 September .
A US federal judge on Friday, 29 August temporarily struck down three Trump administration policies that had effectively frozen Diversity Visa processing and blocked immigrant-visa approvals for nationals of 75 countries, directing immigration authorities to resume normal adjudication of all affected applications.
The Court Order and What It Covers
US District Judge Edward J. Davila of the Northern District of California issued the preliminary injunction in Medani et al v. Trump et al, a class-action lawsuit filed by fiscal year 2026 Diversity Visa selectees and their families. The order remains in force while the broader litigation proceeds.
Davila's ruling temporarily set aside three distinct policies: a US Citizenship and Immigration Services (USCIS) hold on Diversity Visa adjustment-of-status applications; the State Department's suspension of Diversity Visa issuances; and a separate State Department pause covering immigrant-visa applicants from 75 countries pending new public-benefit screening procedures.
Who Is Affected
The court certified three subclasses of plaintiffs. These include 84 families inside the United States whose adjustment applications were blocked by the USCIS hold, and 577 families abroad whose cases were stalled by the State Department's Diversity Visa suspension. Of those abroad, 444 families were additionally affected by the 75-country immigrant-visa pause on account of their nationality, according to the order.
The Diversity Visa programme makes up to 55,000 immigrant visas available each year to nationals of countries with historically low immigration rates to the United States. Selection provides an opportunity to apply — it does not guarantee a visa or permanent residence.
Why the Court Ruled Against the Policies
Judge Davila found that the applicants were likely to succeed on their argument that the three policies were arbitrary and capricious under federal administrative law. He noted there was no indication that either the State Department or USCIS had considered less restrictive alternatives that could address the government's stated concerns while still allowing the congressionally established programme to function.
The court also held that the agencies had failed to adequately weigh the reliance interests of applicants who had invested substantial time and money completing visa requirements. Davila found that the combined effect of the three policies created a system under which no remaining fiscal year 2026 Diversity Visa selectee could realistically obtain a visa.
'The Three Policies are 'uniform' and apply in the same way to all Diversity Visa applicants,' Davila wrote in the order.
Government's Arguments and the Court's Response
The government contended that the claimed injuries were speculative — selection under the programme does not guarantee approval — and argued that granting relief could place plaintiffs ahead of other applicants in the queue. Davila rejected both arguments, finding that the affected applicants faced the permanent loss of an immigration opportunity, along with lost employment, forfeited job offers, travel expenses, and prolonged family separation.
Importantly, the order does not compel the government to approve any individual application. Immigration officers retain full authority to assess eligibility and admissibility under existing law.
Timeline and What Comes Next
The three policies under challenge were issued in quick succession. The Department of Homeland Security (DHS) issued its hold in December 2025, indefinitely pausing final decisions on pending USCIS adjustment applications. The State Department issued its Diversity Visa suspension a day later. The 75-country immigrant-visa pause followed as the department developed new public-benefit evaluation procedures.
Fiscal year 2026 Diversity Visa selectees are generally eligible only until 30 September, making the court's timeline critical. Judge Davila ordered both parties to submit a joint status report by 18 September detailing adjudication progress and proposing a schedule for the remaining litigation. The State Department was directed to take 'reasonable steps' in good faith to reconsider applications refused solely under its two suspensions, to the extent practicable within the remaining fiscal year.
Point of View
Each individually defensible, but collectively designed to make the Diversity Visa programme inoperable without formally abolishing it. Judge Davila's 'arbitrary and capricious' finding is significant: it signals that courts will look past the form of each policy to their cumulative effect. With the fiscal year window closing on 30 September, the injunction's practical value depends entirely on how fast USCIS and the State Department move — and both agencies have strong institutional incentives to move slowly. The September 18 status report will be the real test of compliance.
NationPress
29 Aug 2026
Frequently Asked Questions
What did the US judge rule on Diversity Visas?
Judge Edward J. Davila of the Northern District of California issued a preliminary injunction on 29 August temporarily blocking three Trump administration policies that had frozen Diversity Visa processing. He ordered USCIS and the State Department to resume normal adjudication of affected applications while the lawsuit continues.
Which Trump policies were struck down by the court?
The court set aside three policies: a USCIS hold on Diversity Visa adjustment-of-status applications issued in December 2025, a State Department suspension of Diversity Visa issuances issued the following day, and a separate State Department pause on immigrant-visa approvals for nationals of 75 countries pending new public-benefit screening procedures.
Who is affected by this court order?
Fiscal year 2026 Diversity Visa selectees and their families are the primary beneficiaries. This includes 84 families in the US blocked by the USCIS hold and 577 families abroad affected by the State Department suspension, of whom 444 were also hit by the 75-country nationality-based pause.
Does the ruling guarantee that affected applicants will get visas?
No. The order requires authorities to resume processing and reconsider applications, but it does not compel approval. Immigration officers retain full authority to assess individual eligibility and admissibility under existing law.
What is the deadline for fiscal year 2026 Diversity Visa processing?
Fiscal year 2026 Diversity Visa selectees are generally eligible only until 30 September, making the remaining window very narrow. Judge Davila ordered the parties to file a joint status report by 18 September detailing adjudication progress and a proposed litigation schedule.
