Red Eagle Law to File Second Federal Lawsuit Over Diversity Visa Freeze

Photo by Sasun Bughdaryan

An immigration law firm is preparing a federal class-action lawsuit to challenge the legality of the U.S. government’s ongoing administrative freeze on the green card lottery program, setting a strict deadline for global applicants to join the legal effort.

Red Eagle Law announced it will file its “Group Lawsuit 2.0” in a U.S. District Court on June 22, targeting federal policies that have paralyzed the Diversity Visa (DV-2026) program for nearly six months. The firm has set a firm enrollment deadline of June 15 for selectees wishing to participate as named plaintiffs. The specific district court will be determined by attorneys prior to filing.

The legal action directly challenges a pair of executive-directed freezes that halted all final approvals for the program. The restrictions include a U.S. Citizenship and Immigration Services hold on green card adjustments within the United States, implemented Dec. 19, 2025, and a Department of State consular pause enacted Dec. 23, 2025.

Additionally, the lawsuit intends to challenge a Jan. 14, 2026, State Department update that placed an additional processing pause on 75 nationalities deemed at high risk of public benefits usage.

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Attorneys argue that the blanket withholding of visa processing is unlawful, violates the Administrative Procedure Act, and improperly bypasses congressional intent by discriminating based on the national origin of the applicants.

“This group class action lawsuit is an opportunity for DV-2026 selectees to challenge the legality of the hold,” the firm said in its case prospectus.

The litigation arrives at a highly critical moment for the estimated 129,000 global winners of the DV-2026 lottery. By statutory law, the current diversity visa cycle expires permanently on Sept. 30, 2026. If the administrative pauses are not cleared before that date, any remaining unused visa numbers are lost forever.

The firm noted that it is highly unlikely a judge could reserve unused fiscal year 2026 visas for future issuance, citing a 2024 ruling by the D.C. Circuit Court of Appeals that stripped judges of that authority. Furthermore, because this litigation is being brought later in the fiscal year, attorneys disclosed that the odds of a successful outcome are lower than in previous challenges, such as Ivanov v. Trump.

The lawsuit is open to DV-2026 selectees both inside the U.S. adjusting status through USCIS and those abroad undergoing consular processing. Applicants who already attended interviews and were refused under section 221(g) are also eligible to participate.

However, the firm issued an important disclosure for selectees from 40 countries subject to travel bans under Presidential Proclamations 10949 and 10998—including Afghanistan, Cuba, Iran, Nigeria, Syria, Venezuela, and Yemen. The lawsuit will not challenge the legality of those travel bans. Consequently, favorable litigation outcomes would only remove the administrative freeze obstacle for those citizens, leaving the entry bans intact.

The attorney fee to participate is a flat $2,500 per selectee, which covers all derivative family members regardless of size. The terms require $500 in advance to onboard as a plaintiff, with the remaining $2,000 due only after entry into the U.S. or Form I-485 approval, payable in monthly installments of $250.

The lawsuit will seek a court order to end the hold and compel federal agencies to resume processing. The firm noted that while it will apply for class-action certification to cover all global selectees, there is no guarantee the court will grant class status.