Status as of September 7, 2026. On August 28, 2026, Judge Edward J. Davila (U.S. District Court for the Northern District of California) ruled in Medani et al. v. Trump et al., No. 5:26-cv-06332-EJD, granting in part the motions for class certification and for a preliminary injunction. The court temporarily vacated USCIS Policy Memorandum PM-602-0193 and extended preliminary relief to the certified subclasses affected by the challenged USCIS and State Department measures. On August 31 the State Department confirmed that, as of August 28, the December pause on Diversity Visa issuance is no longer in effect. The separate pause on immigrant visas for nationals of 75 countries had already ended by then — as of August 21, in compliance with the ruling in CLINIC et al. v. Rubio. USCIS stated that it strongly disagrees with the Medani order but will follow its terms pending possible further judicial review. A joint status report from the parties is due September 18. Entitlement under DV-2026 ends September 30, 2026; the order does not move that statutory deadline.
For most of the fiscal year the program sat under several overlapping restrictions. People who had won DV-2026 filed their paperwork and then went nowhere: some had adjustment of status applications sitting undecided inside the United States, others had consular cases frozen by the issuance pause. On August 28 a federal court temporarily blocked all three challenged measures as applied to the certified subclasses. The news traveled as "a judge handed green cards to tens of thousands of winners" — and that is not what happened. The court restored a process, not an outcome, and less than a month remains until the end of September. Below: what exactly was frozen, what the court ordered, who is covered, and why the calendar matters more here than the ruling.
In brief
The court temporarily set aside three challenged measures as to the certified subclasses: the USCIS hold on DV adjustment applications inside the United States, the State Department's pause on Diversity Visa issuance, and the pause on immigrant visas for nationals of 75 countries.
Three nationwide subclasses were certified — relief is not limited to the named plaintiffs.
Entitlement under DV-2026 ends September 30, 2026 by statute; the order does not move that date, and unused numbers do not carry over to the next fiscal year.
What was frozen: three measures
The program stopped not through one decision but through three, layered on top of one another.
The USCIS hold. On December 19, 2025, the agency issued Policy Memorandum PM-602-0193 — a procedure for holding and reviewing adjustment of status applications filed by Diversity Visa selectees inside the United States. Formally the measure was framed as screening for national security and public safety risks; in practice, decisions stopped issuing.
The State Department issuance pause. On December 23, 2025, the Department announced a pause on issuing all immigrant visas to Diversity Visa applicants. That closed the consular track for those waiting on an interview or already interviewed abroad.
The 75-country pause. A separate measure, not tied to the lottery as such: from January 21, 2026, immigrant visa issuance was halted for nationals of 75 countries. For some selectees it layered on top of the first two by nationality. By the time the Medani order issued, this measure had already ended on its own — on August 21, 2026, Judge Jeannette A. Vargas in the Southern District of New York held in CLINIC et al. v. Rubio that it was contrary to law and issued in excess of the Secretary of State's statutory authority. It nonetheless remained one of the three policies challenged in Medani.
The judge noted in the order that together the three measures produced a system under which no remaining DV-2026 selectee could obtain a visa.
What the court ordered on August 28
The order is preliminary relief: the court found all three measures likely arbitrary and capricious under the Administrative Procedure Act and temporarily set them aside pending further litigation.
USCIS was ordered, "to the extent practicable and in good faith," to take all reasonable steps during the remainder of the Diversity Visa fiscal year to resume ordinary adjudication of pending adjustment of status applications — without applying PM-602-0193.
The State Department was ordered, on the same terms, to reconsider applications refused solely on the basis of its two pauses and to resume ordinary adjudication of pending cases.
The qualifier "to the extent practicable and in good faith" is not decorative: the agencies were ordered back to ordinary procedure, not ordered to issue visas. Eligibility still turns on visa number availability, on meeting the requirements, and on every other provision of immigration law.
Who is covered: three subclasses
Rather than certify one combined class, the court certified three nationwide subclasses — one per challenged measure.
Subclass | Who falls within it |
|---|---|
The USCIS hold | All DV-2026 selectees and derivative beneficiaries subject to the hold imposed by PM-602-0193 |
The DV issuance pause | Applicants affected by the State Department's pause on Diversity Visa issuance |
The 75-country pause | Applicants affected by the pause on immigrant visa issuance for nationals of 75 countries |
Class certification means relief is not confined to the named plaintiffs and reaches everyone who fits the subclass description. The exact wording of the USCIS subclass appears in the agency's own notice: all selectees and derivative beneficiaries under the FY-2026 Diversity Visa Program subject to the hold imposed by Policy Memorandum PM-602-0193.
Why winning in court is not the same as getting a visa
This is the most consequential and least comfortable part of the story. The DV program operates within the fiscal year: entitlement under DV-2026 ends on September 30, 2026. By that date a consular applicant needs the visa in hand, and an applicant inside the United States needs adjustment of status completed — meaning USCIS has to reach a decision on the case. The same applies to spouses and children following to join the principal. The rule comes from the statute rather than agency practice, and the court order does not change it.
The September Visa Bulletin confirms the same end date for the DV-2026 period of entitlement. The program's annual limit, moreover, was reduced by statutory amendments to approximately 52,101 visas.
The result is a gap between the legal outcome and the practical one: the court sent the agencies back to ordinary work a little over a month before the cutoff, and the cutoff stayed where it was. Unused DV-2026 numbers do not carry over into the next fiscal year, even where a particular case was not completed by September 30. The numbers can also run out before that date.
Where the consular track stands now
The State Department confirmed the lifting officially: its updated Diversity Visa issuance guidance, last revised August 31, 2026, states that as of August 28, 2026, in compliance with the order in Medani, the December pause is no longer in effect. Eligibility requirements and ordinary processing remain fully in force.
What comes next: September 18 and the continuing case
The order is preliminary, entered for the duration of the litigation rather than finally. The court directed the parties to file a joint status report on the progress of adjudications by September 18 and to propose a schedule for the case going forward.
USCIS framed its position in its notice this way: the agency strongly disagrees with the order but will follow its terms pending possible further judicial review. That phrasing preserves the government's ability to seek further review; on its own it does not indicate that an appeal has been filed as of September 7.
A separate line of litigation is Syed et al. v. Trump in the Central District of California, where the 75-country pause is challenged in its own right; a hearing is set for September 21. The measure itself was already vacated in CLINIC v. Rubio, but that litigation continues and further review remains possible.
Frequently asked questions
Does the ruling mean DV-2026 winners will get green cards?
No. The order restores ordinary adjudication; it does not determine outcomes. The agencies were directed to return to individualized review of cases; eligibility still depends on visa number availability, on meeting the requirements, and on the rest of immigration law.
Does the deadline for DV-2026 visas move?
No. Entitlement under DV-2026 ends September 30, 2026. By that date a consular applicant needs to have received the visa and an applicant inside the United States needs adjustment of status completed. Unused numbers do not carry over into the next fiscal year, and they can run out before the cutoff. The deadline comes from the statute, and the court order does not move it.
Who does the ruling cover — only the plaintiffs?
The court certified three nationwide subclasses: DV-2026 selectees and derivative beneficiaries under the USCIS hold, applicants under the State Department's Diversity Visa issuance pause, and applicants under the pause on immigrant visas for nationals of 75 countries. Relief reaches members of those subclasses, not only the named plaintiffs.
Is Policy Memorandum PM-602-0193 still in force?
It is temporarily vacated for the duration of the further litigation. USCIS was ordered to adjudicate pending applications without applying it during the remainder of the Diversity Visa fiscal year.
Has the State Department resumed issuing DV visas?
Yes. The Department's updated guidance states that as of August 28, 2026, the December pause on Diversity Visa issuance is no longer in effect. Ordinary eligibility requirements and processing remain in place.
Could the ruling be reversed?
The order is preliminary, entered for the duration of the litigation. USCIS has stated its disagreement and referred to possible further judicial review. The parties file a joint status report by September 18.
Official sources
Resource | What it covers |
|---|---|
The official wording of the directive and of the certified subclass | |
The text of the hold itself and the agency's stated rationale | |
Regional cut-off numbers and the end date of the DV-2026 entitlement period |
This material is informational, current as of September 7, 2026, and is not legal advice. The order is preliminary and may be revisited, while the DV program deadlines are set by statute; where only weeks remain before the cutoff, an individual applicant's position is assessed with a licensed immigration attorney.