Rep. Yvette D. Clarke, D-N.Y., has introduced legislation she says would protect the Diversity Visa Program from sweeping shutdowns, add transparency to executive action and preserve a long-standing immigration pathway that has brought thousands of families to the United States.
The Diversity Visa Protection and Modernization Act would bar the secretary of state or the secretary of homeland security from suspending, pausing or stopping diversity visa issuance across the entire program, except in narrow circumstances spelled out in the bill. It would also require congressional notice before certain restrictions take effect and mandate public disclosure of those actions in the Federal Register.
Clarke said the measure is intended to stop eligible applicants from being caught in uncertainty because of broad administrative decisions. In a statement, she said the diversity visa program “has long reflected the best of our nation” by expanding lawful paths to citizenship and strengthening the country’s cultural fabric.
“At a time when lawful immigration pathways face increasing uncertainty, Congress must reaffirm its role in shaping immigration policy,” Clarke said. She said the bill would protect applicants from “arbitrary disruptions” and help ensure the program is administered in line with congressional intent.
The legislation comes amid renewed debate over how much power the executive branch should have over immigration programs created by Congress. The bill’s findings say the diversity visa program, authorized under section 203(c) of the Immigration and Nationality Act, was designed to promote diversity in lawful permanent immigration. It argues that indefinite or opaque pauses can undermine due process and the expectations of visa selectees who have already won a chance at lawful immigration.
Under the proposal, the government could still impose country-specific or regional limits, delay or deny individual cases based on security or eligibility concerns, or suspend the program for up to 60 days in limited circumstances. But any such action would require advance notice to Congress, including the scope, duration, legal authority and rationale for the restriction.
The bill says no person issued a diversity visa should lose eligibility solely because of a temporary suspension under the new law. It also defines the congressional committees that would receive notice, including the House and Senate Judiciary Committees and the foreign affairs committees in both chambers.
The measure has drawn backing from immigrant advocacy and civil rights organizations, including the American Civil Liberties Union, Communities United for Status and Protection, Undocublack, African Communities Together, Haitian Bridge Alliance, Adhikaar and the National Network for Arab American Communities.
It also has an unusually broad roster of co-sponsors, including Reps. Adriano Espaillat, Pramila Jayapal, Nydia M. Velazquez, Dan Goldman, Greg Casar, Jasmine Crockett, Delia C. Ramirez and several others from both coasts and across the country.
For many immigrant communities, the diversity visa has represented one of the few lawful paths to permanent residency available to applicants from countries with historically low immigration rates to the United States. Supporters of the bill say the program’s promise has been weakened in recent years by unpredictable processing delays and policy shifts, leaving selected applicants in prolonged uncertainty.
Carolyn Tran, executive director of Communities United for Status and Protection, said Congress should not allow a program it created to be effectively erased without legislative action. “A program Congress created should not be erased without Congress, without transparency, and without regard for the families whose futures depend on it,” Tran said. “Congresswoman Clarke’s bill reaffirms that principle.”
If enacted, the bill would place new procedural limits around any future suspension while preserving targeted national security or foreign policy restrictions. Supporters say that balance is the point: safeguard the system without closing it off entirely.
For immigrant families waiting on a lottery system that can shape life decisions for years, the issue is not abstract. A visa pause can affect work, travel, housing and whether a family can move forward with plans already set in motion. That is why the proposal is likely to resonate well beyond Capitol Hill, especially in diaspora communities that have long viewed the diversity visa as a rare but meaningful gateway into the United States.
The legislation now goes to the House Judiciary Committee for consideration.
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.
