Status: Currently on hold as another case is litigated that involved the same issue of whether a court could order that diversity visas be issued after the fiscal year in which they were awarded.
Case Overview
At the outset of his presidency, Donald Trump issued an Executive Order which barred individuals from several Muslim-majority countries from entering the United States. He described this action as a Muslim Ban. NILC and co-counsel ultimately filed multiple lawsuits challenging different aspects of the Ban, including the legality of the Ban itself and, in this case, the application of the Ban to the diversity visa lottery.
In this case, NILC and co-counsel challenged the Department of State’s refusal to process visa applications for winners of the U.S. Diversity Visa Program lottery who hailed from the six Muslim-majority countries covered by President Trump’s Muslim ban.
The U.S. Diversity Visa Program provides an opportunity to a limited number of immigrants from countries with historically low immigration to come to the United States. Randomly selected winners receive a visa, provided that they satisfy the eligibility requirements and qualify under the government’s general rules for visas. At the time of this suit, only 50,000 diversity visas were awarded each year with an average of 16 million people applying each year.
Our Plaintiffs, lottery winners from Iran and Yemen, had their visas withheld by the Trump administration’s Department of State on the basis of the Muslim Ban. Diversity Visas expire at the end of the federal fiscal year in which applicants are selected. When the 2017 fiscal year expired, the district court dismissed our case as moot, despite the fact that our Plaintiffs were denied the opportunity to obtain a visa and enter the country.
NILC and co-counsel appealed this decision and an Appeals court reversed it, with the Court of Appeals holding that relief may still be available for denied applicants. We returned to the District Court and subsequently agreed to stay (or pause) the case, due to the upcoming change in administrations.
Once in office, President Biden did rescind the Muslim Ban, but did not provide a remedy for people denied diversity visas based on the Ban. In response, we sought to reactivate the case, however, the court decided to keep the case on hold as another case was being litigated that involved the same issue of whether a court could order that diversity visas be issued after the fiscal year in which they were awarded.
Legal Documents
-
U.S. District Court for the District of Columbia
- Defendants’ Response to Plaintiffs’ Request for a Preliminary Injunction and Mandamus Relief – August 18, 2017
- Plaintiffs’ Motion for Preliminary Injunction and Emergency Motion for Mandamus Relief – August 3, 2017
- Petition for Mandamus and Complaint for Injunctive and Declaratory Relief – August 3, 2017
How States Are Fighting Back Against Trump’s Mass Deportation Machine
Published Jul 9, 2026 This report captures pro-immigrant state laws enacted in 2025 and bills signed in the first five months of 2026 to address immigration enforcement.
Green Card Holders: Know Your Rights & Risks During the Second Trump Administration
Updated Jul 8, 2026 This guide helps Green Card Holders understand the law, their rights, and how to lower risk and make a safety plan.
Community Alert: Immigration Arrests at Airports
Updated Jul 8, 2026 This resource provides travel safety tips and other resources for immigrants traveling through U.S. airports.
Immigration Relief Legislation – Table
Published Jul 8, 2026 The tables below include new immigration relief options in proposed legislation primarily introduced in the 119th Congress. These tables only address and compare the legalization provisions in each bill; please note that most of these bills...