CLIENT UPDATE: JUDGE BLOCKS USE OF TRAVEL BAN TO DENY DIVERSITY VISAS
WHAT HAPPENED
A federal judge in Washington, D.C. recently ruled that the U.S. State Department likely acted outside the law by using President Trump’s travel ban to deny certain applicants from the Diversity Visa lottery program. The decision was issued by U.S. District Judge Sparkle Sooknanan on August 21, 2025, and applies to a small group of applicants whose visa cases were still pending.
This ruling stops the State Department from relying on the travel ban as the reason to deny their visa applications. It is a win for some Diversity Visa applicants, although the decision is limited in scope.
1. BACKGROUND ON THE DIVERSITY VISA AND TRUMP’S BAN
The Diversity Visa program, often called the visa lottery, provides a legal path to U.S. residency for individuals from countries with low immigration rates to the United States. Every year, about 50,000 people are randomly selected and given a chance to apply for a green card.
In June 2025, the Trump administration issued a new presidential proclamation based on section 1182(f) of U.S. immigration law. This proclamation blocked entry to the U.S. for people from 19 countries, including Afghanistan, Iran, Somalia, Burma, and Togo. The State Department began using that proclamation to deny visas to Diversity Visa winners from those countries, even before they attempted to enter the U.S.
2. WHAT THE COURT DECIDED
Judge Sooknanan ruled that the language of section 1182(f) only gives the president power to block a person’s entry into the United States. It does not give authority to deny the issuance of a visa. The court stated that the State Department cannot automatically deny someone a visa simply because they would be blocked from entering under a separate travel ban.
The court ordered the State Department to continue processing the pending Diversity Visa applications and to make a good-faith effort to complete them before the program’s yearly deadline of September 30. The ruling also made clear that the travel ban cannot be used as the sole reason to deny those visas.
3. LIMITS TO THE RULING
- It only affects individuals whose Diversity Visa applications were still pending or in “administrative processing”
- It does not help people whose visa applications were already denied before the ruling
- It does not guarantee that anyone will be issued a visa
- It does not stop the government from refusing entry into the United States, even if a visa is granted
The judge also rejected the plaintiffs’ constitutional claims, citing a 2018 Supreme Court decision that upheld an earlier version of the travel ban. That decision continues to limit how courts can evaluate presidential powers in immigration matters.
4. WHY THIS RULING IS IMPORTANT
This case pushes back against the idea that executive orders can be used to block visa issuance without clear legal authority. The judge’s opinion referenced a recent Supreme Court ruling that limited how much courts should defer to federal agencies. That ruling, Loper Bright Enterprises v. Raimondo, was used to support the idea that courts should independently review how agencies like the State Department interpret the law.
While the decision may not directly help most visa applicants, it reinforces that government agencies must follow clear legal limits, especially when those limits affect people’s rights to immigrate.
SUMMARY
- A federal court ruled that the State Department cannot deny Diversity Visa applications just because of a travel ban
- The ruling only helps those whose visa cases are still open
- The government must now make good-faith efforts to finish processing those applications by September 30
- The decision does not guarantee visa approval and does not stop travel bans from being enforced at the border
- This case highlights the limits of presidential power in the immigration process
WHAT CLIENTS SHOULD DO
If you or someone you know is a Diversity Visa winner from one of the affected countries:
- Contact your attorney immediately to determine if your case is still active or was denied
- If your case is still pending, make sure all required documents are submitted and that your case is ready for review
- Monitor your application status closely in the coming weeks
- Be aware that even if a visa is granted, you may still face travel restrictions at the border
- Keep in mind that this ruling does not reopen denied cases or apply to other visa types
