Trump-era Diversity Visa Passport Rule Struck Down by Court (1)

Feb. 7, 2022, 4:54 PM UTCUpdated: Feb. 7, 2022, 9:30 PM UTC

A federal judge has struck down a rule requiring diversity visa applicants to obtain passports before they could enter an annual lottery for the U.S. entry papers.

The State Department enacted the requirement in 2019 as an interim final rule, meaning it took effect upon publication, and without public opportunity for comment. Four visa petitioners previously eligible for the lottery who couldn’t apply because of the new requirement sued.

In a Feb. 4 ruling, Washington U.S. District Judge Timothy J. Kelly found the regulations were enacted unlawfully because they skipped the public comment period required by the Administrative Procedure Act, ...

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