In a decision with sweeping implications for thousands of immigration hopefuls,
the U.S. District Court for the Northern District of California issued an order on August 28, 2026, in Medani, et al., v. Trump, et al., 26-cv-6332 (NDCA), temporarily vacating USCIS Policy Memorandum PM-602-0193 pending further litigation.
U.S. District Judge Edward J. Davila of the Northern District of California also certified three nationwide subclasses of Diversity Visa selectees and their eligible family members
, extending the preliminary relief well beyond the individual plaintiffs who brought the case.
The order directs USCIS,
"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 plaintiffs' pending adjustment of status applications without applying" PM-602-0193.
Background: How the DV Program Was Frozen
The Diversity Immigrant Visa Program (DV Program) makes up to 50,000 immigrant visas available annually, drawn from random selection among all entries to individuals who are from countries with low rates of immigration to the United States.
Congress established the diversity visa program through the Immigration Act of 1990 in an effort to promote immigration from countries underrepresented in the United States.
The program came under political fire in December 2025.
Suspected Brown University shooter Claudio Neves Valente, a Portuguese national, was granted a diversity visa through a lottery during the first Trump administration.
Once the suspect's identity became clear, Homeland Security Secretary Kristi Noem said on X that she was pausing the program and that the alleged shooter should have never been able to come to the U.S.
What followed was a multi-layered administrative freeze.
The first came from USCIS on December 19, 2025. Policy Memorandum PM-602-0193 instructed agency personnel to place an indefinite hold on pending diversity-based adjustment applications.
On December 23, 2025, the Department of State paused diversity visa issuance worldwide, with "no exceptions." The department said the review would examine screening and vetting procedures.
The memorandum stated: "It is paramount that the U.S. government ensure aliens in the United States do not intend to threaten its citizens or undermine or destabilize its culture, government, institutions, or founding principles."
What the Court Decided
Judge Davila's ruling went further than simply addressing the individual plaintiffs' claims.
The judge preliminarily enjoined and temporarily vacated three policies halting FY-2026 Diversity Visa adjudication
: the USCIS hold memo, the Department of State's DV issuance pause, and the separate immigrant visa pause affecting nationals of 75 countries.
The court held the policies are final agency action despite their "temporary" framing, and that plaintiffs are likely to succeed on their claims because the agencies offered no reasoned explanation for categorical suspensions, considered no alternatives, and ignored reliance interests.
On class certification,
the Court certified the following subclass: "all selectees and derivative beneficiaries under the FY-2026 Diversity Visa Program who are subject to the USCIS DV Hold imposed by Policy Memorandum PM-602-0193."
This means thousands of Diversity Visa winners and their family members currently inside the United States could benefit from the ruling as litigation continues.
USCIS Response: Compliance Under Protest
The agency's reaction was notable for its reluctant compliance.
USCIS confirmed the order in an alert dated September 4, 2026, adding that it "strongly disagrees with the Court's order but will follow its terms pending possible further judicial review."
This language strongly signals the government may seek to appeal or request an emergency stay from the Ninth Circuit.
The vacatur is temporary and expressly pending further litigation, so it can still be appealed, stayed, or reversed.
The September 30 Deadline: A Race Against Time
For affected applicants, the calendar is now the most formidable obstacle.
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2026 program ends as of September 30, 2026. DV visas may not be issued to DV-2026 applicants after that date.
Compounding the urgency, the State Department's September 2026 Visa Bulletin carries its own warning:
"DV visa availability through the very end of FY-2026 cannot be taken for granted. Numbers could be exhausted prior to September 30."
Visa numbers made available to NACARA applicants in FY 2025 will result in a reduction of the DV-2026 annual limit to 54,883. Additionally, the National Defense Authorization Act for Fiscal Year 2024 further reduces the DV-2026 annual limit to approximately 52,101.
Once all fiscal-year 2026 visa numbers have been used, or once September 30, 2026 arrives, whichever comes first, the DV-2026 program ends. Selectees who haven't received a visa or completed a status adjustment by then get no further benefit from their selection, no matter how far along their case had progressed.
Broader Court Activity on DV-2026
The Medani ruling is part of a broader wave of judicial pushback against the administration's DV freeze.
On August 21, 2026, the U.S. District Court for the Southern District vacated DOS's January 2026 categorical pause on immigrant visa issuance for nationals of 75 countries. DOS later confirmed that the pause is no longer in effect as of that date.
On August 28, 2026, after the Northern District of California issued its order in Medani v. Trump, DOS confirmed that the December 2025 pause on diversity visa issuance is likewise no longer in effect.
Judge Davila instructed both sides to submit a joint status report by September 18 on the status of adjudications and to propose a schedule for continued litigation.
Practical Implications for DV-2026 Applicants
For DV-2026 selectees and their derivative beneficiaries, several practical takeaways emerge:
Act immediately.
DV-2026 selectees may wish to act promptly. Diversity visa eligibility for DV-2026 expires September 30, 2026, and visa availability remains subject to annual, regional, and per-country numerical limits.
Selection does not guarantee a visa.
Selection in the diversity visa lottery does not reserve a visa number or guarantee that a visa will be issued or that adjustment of status will be approved before the fiscal-year deadline.
Contact the relevant authorities.
Applicants whose cases were refused or delayed only because of the DV issuance pause may wish to contact the appropriate U.S. embassy or consulate, or the Kentucky Consular Center, as applicable, to ask about next steps.
Understand the limits of this ruling.
Together, the decisions may benefit certain 2026 immigrant visa applicants and DV-2026 selectees, but they do not guarantee adjudication, visa issuance, adjustment approval, or admission to the United States.
Looking Ahead
The Medani v. Trump decision represents a significant—if potentially short-lived—judicial check on the administration's efforts to freeze the Diversity Visa program. With USCIS signaling it may seek further judicial review, and the fiscal year clock ticking down to its September 30 expiration, the coming days represent a critical period for DV-2026 applicants.
Applicants with pending adjustment of status applications should consult with an experienced immigration attorney immediately to assess their options and ensure all documentation is in order. In this narrow window, preparation and speed may make the difference between obtaining a green card and losing a once-in-a-lifetime opportunity.
This article is for informational purposes only and does not constitute legal advice. For guidance on your individual immigration situation, please consult a qualified immigration attorney.