Can Trump End the DV Lottery, Which Granted Green Cards to Over 55,000 Nepalis, via Executive Order?

Photo by Martina Mainetti

No, Donald Trump cannot unilaterally end the Diversity Visa (DV) lottery program through an executive order. The program is established by the Immigration and Nationality Act, making its termination or modification possible only through legislative action by Congress. While the president has the authority to influence immigration policy and implement executive orders that affect how laws are carried out, he cannot abolish the DV lottery outright without new legislation passed by Congress.

Since 1995, a total of 56,124 Nepalis have received green cards through the DV lottery, accounting for over 25% of all Nepali green card recipients in the USA, making Nepalis among the top recipients of DV lottery green cards worldwide.

Trump’s Opposition to the DV Lottery Program

During his presidency, Trump expressed strong opposition to the DV lottery, frequently criticizing it as “not nice” and “not good,” claiming it allowed the “wrong people” into the country. In November 2017, he urged Congress to eliminate the program, emphasizing his belief that it posed risks to national security. Trump also supported the RAISE Act, a bill introduced by Senators Tom Cotton and David Perdue, which aimed to end the DV lottery while restructuring immigration policy to prioritize merit-based criteria. However, the RAISE Act did not gain sufficient support in Congress and failed to pass. Similarly, other legislative efforts to eliminate the DV lottery were unsuccessful.

In addition to his support for legislative reform, Trump’s administration introduced policies aimed at limiting access to the DV lottery. One notable example is the 2019 “passport rule,” which required applicants to have a valid passport at the time of application. This rule significantly reduced participation but was eventually overturned by the courts. Despite these efforts, the DV lottery has continued to operate as mandated by law.

The Impact of the DV Lottery on Nepali Immigrants

The Diversity Visa program has been a crucial pathway for Nepali immigrants seeking opportunities in the United States. Since 1995, a total of 56,124 Nepalis have received green cards through the DV lottery, more than 25% of the total Nepali green card recipients in the USA, underscoring its significance for Nepal.

The number of Nepalis participating in the program has grown steadily over the years, with more than 1 million Nepalis participating annually in recent years. Although participation temporarily declined during the years when a passport was required (2019-2021), the program still attracted significant numbers of applicants. For example, in DV 2021, 688,502 Nepalis participated, including 421,765 primary applicants and 266,737 family members. Similarly, 1,026,423 Nepalis participated in DV 2020 and 1,092,035 in DV 2019.

Total Nepali participants in the DV Lottery (2007-2021). Source: U.S. Department of State.

Participation in the DV lottery has been consistently high over the years, with figures such as 1,187,350 participants in DV 2018 and 1,136,622 in DV 2017. Even in earlier years, the numbers were substantial. For instance, in DV 2015, 892,961 Nepalis participated, including 545,825 primary applicants and 347,136 family members. These statistics highlight the growing reliance of Nepalis on the DV lottery as a pathway to the United States.

Green Cards Issued to Nepalis Through the DV Lottery

The number of green cards issued to Nepalis through the DV lottery has also seen a notable increase. In the early years of the program, only a small number of green cards were granted to Nepali applicants, with 74 green cards issued in 1995.

However, by 2003, the number had risen to 1,754, and it peaked at 3,377 in 2013. From 2014 to 2018, more than 3,000 green cards were issued annually, with the highest being 3,504 in 2014. While the pandemic caused a temporary decline in numbers, with only 1,372 green cards issued in 2021, the program rebounded with 3,431 green cards issued in 2024.

Over 56,000 Nepalis have obtained green cards through the DV Lottery program from 1995 to 2024. Source: U.S. Department of State.

In total, 56,124 Nepalis have received green cards through the DV lottery between 1995 and 2024. This highlights the importance of the program to Nepali immigrants, many of whom see it as their primary route to the United States.

What Could Happen When Trump Returns to Office?

When Trump returns to office in January 2025, he may renew his push to end or reform the DV lottery. While he cannot directly abolish the program, he could influence its operation by implementing stricter conditions for lottery winners or pushing for new legislation aimed at limiting access to the program. His previous administration’s travel bans and visa restrictions posed significant challenges for DV lottery winners, particularly those from certain countries.

However, any attempt to end the DV lottery would still require Congressional approval. Given the program’s significant impact on communities, particularly Nepali immigrants, it is likely to face legal and public opposition. The DV lottery has provided a vital pathway for many seeking to improve their lives in the U.S., and any efforts to alter or eliminate it would have far-reaching consequences.