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Green Card Lottery Dream Dealt Blow as US Appeals Court Blocks 2027 Reopening

In a ruling on Thursday, 29 October, the 9th Circuit Court of Appeals granted a request by the US government to suspend a lower court order requiring the State Department to reopen applications from 1 November 2026.
The ruling is a blow to thousands of would-be applicants, among them Kenyans hoping for a chance at permanent residence.
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A US appeals court has blocked an order that would have forced the government to reopen the 2027 green card lottery.

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The court's decision deals a setback to thousands of hopefuls worldwide, including Kenyans.

In a ruling on Thursday, 29 October, the 9th Circuit Court of Appeals granted a request by the US government to suspend a lower court order requiring the State Department to reopen applications from 1 November 2026.

Registration for the 2027 programme has yet to open.

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Why the Appeals Court sided with the US government

A panel of three judges ruled that the law firm behind the case had not shown how its financial interests were directly tied to the purpose of the law governing the lottery.

"Red Eagle has not shown a likelihood of success on the merits because it is not within the zone of interests of the statute and does not have a cause of action," the court said.

The judges noted that the programme was created to help people from countries with historically low migration rates move to the United States, not to bring in revenue for law firms representing prospective applicants.

"The emergency motion for a stay pending appeal is granted. The clerk shall in due course issue a briefing schedule for the appeal of the preliminary injunction," the court added.

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How the legal battle began

The dispute started in August 2026, when Red Eagle Law, an immigration law firm, sued the State Department for failing to open registration for the 2027 lottery.

The firm argued that Donald Trump's administration had unlawfully suspended the programme and asked the court to compel officials to restart the process.

On 14 October, a US District Judge ordered the department to reopen the lottery and set deadlines for announcing registration dates.

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The government challenged that decision, asking the appeals court to pause the order until its appeal is heard and decided.

What it means for Kenyan applicants

The lottery makes up to 55,000 visas available every year to applicants from countries with historically low immigration rates to the US.

The ruling is a blow to thousands of would-be applicants, among them Kenyans hoping for a chance at permanent residence.

Applicants are chosen at random, but winning does not automatically secure a visa. Selected candidates must still meet immigration requirements.

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