Immigrants from 72 countries have filed a major lawsuit against President Donald Trump and top administration officials, accusing them of unlawfully halting the Diversity Visa (DV) program. The complaint, led by plaintiff Viacheslav Ivanov, seeks to force the resumption of processing for DV-2026 selectees before the September 30, 2026 deadline.
The case, Ivanov v. Trump (Civil Action No. 126-cv-915), was filed in the U.S. District Court for the District of Columbia. It names President Trump, Stephen Miller (White House Deputy Chief of Staff for Policy), Secretary of State Marco Rubio, USCIS Director Joseph Edlow, DHS Secretary Kristi Noem, and Attorney General Pamela Bondi as defendants. Plaintiffs demand declaratory and injunctive relief plus a writ of mandamus to compel adjudication of their applications.
The suit represents 1,622 individuals from 738 DV-2026 selectee families across 72 countries, including Nepal, Ukraine, Ethiopia, Iran, and others like Albania, Bangladesh, and Uzbekistan. Of these, 65 families are in the U.S. seeking adjustment of status, while 673 are abroad—557 from 75 countries hit by a State Department visa pause. Many plaintiffs report severe harms: family separations, lost job opportunities, financial strain from fees and travel, and emotional distress as their “once-in-a-lifetime” chance expires soon.
The lawsuit specifically challenges three key Trump administration policies creating barriers to Diversity Visa processing: first, a USCIS policy memorandum (PM-602-0193) that places an indefinite hold on all pending DV adjustment of status applications, freezing the path to green cards for individuals in the U.S.; second, State Department guidance pausing all DV visa issuance globally, preventing consular processing abroad; and third, a policy halting immigrant visas for nationals from 75 “high-risk” countries—including Nepal—over alleged public charge concerns.
The 10-count complaint alleges violations of the Constitution (separation of powers, due process, equal protection), Administrative Procedure Act (arbitrary/capricious actions, unlawful withholding, procedural failures), INA nondiscrimination rules, and Mandamus Act. Plaintiffs argue agencies must adjudicate within the fiscal year, citing precedents like Gomez v. Trump and Rai v. Biden. They claim no national security or public charge basis exists, as immigrants use less welfare than natives.
The DV program, created in 1990, allocates 55,000 visas yearly to low-immigration countries via lottery—odds under 1% with millions entering. Selectees like these plaintiffs got notifications around May 2025 but now face indefinite holds despite completing steps. With under 200 days left in FY2026, failure means lost visas forever; courts have mandated processing in similar cases. No response from the administration yet; the suit warns of economic/humanitarian fallout if unresolved.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
