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Diversity Visa Lottery Halted After Brown University Shooting
In a rapidly escalating immigration development, President Donald Trump has directed the Department of Homeland Security to pause the Diversity Immigrant Visa (DV1) program, citing national security concerns following the recent shooting at Brown University and MIT by a former DV1 lottery winner.
Claudio Manuel Neves Valente, a Portuguese national who entered the U.S. through the Diversity Visa Lottery in 2017 and became a lawful permanent resident, was identified as the suspect in the December shootings. According to authorities, he later died by suicide after a multi-day manhunt. Source: CBS News Source: NY Post
Following the attack, DHS Secretary Kristi Noem publicly announced that the DV1 program would be paused effective immediately, stating: “This man should never have been allowed into our country.”
A Critical Legal Gap: Who Controls the DV1 Program?
While the announcement was made by DHS, legal experts—most notably immigration attorney Brad Bernstein of Spar & Bernstein—pointed out that the Department of Homeland Security does not run the Diversity Visa Lottery.
“The Diversity Visa Lottery is administered by the U.S. Department of State—not DHS,” Bernstein emphasized during a live broadcast. “So when Secretary Noem says it’s paused, what exactly does that mean legally? We’ve heard nothing from the State Department. No formal guidance. No legal memo. No announcement about whether 2026 adjustments or 2027 lottery cycles are affected. This raises major questions about authority.”
To date, USCIS and the State Department have issued no official statements, leaving thousands of DV applicants around the world in limbo.
The Bigger Question: Is This About Safety—or Politics?
During the same breaking news broadcast, Brad Bernstein also addressed the broader implications of the suspension:
“Here’s the uncomfortable question that nobody seems to be asking: When mass shootings happen every day in the United States by Americans, what’s getting paused there? Are we pausing guns? Are we pausing ammunition? Are we pausing the manufacturing of firearms? I haven’t heard one thing about that.”
“But suddenly, one immigrant commits a crime—which was indeed terrible—and an entire lawful visa program is now under attack. Is this about keeping America safe, or is this political grandstanding?”
Bernstein’s remarks have since gained traction on legal forums and social media, resonating with immigration advocates and constitutional scholars alike who warn that using isolated criminal acts to dismantle statutory programs sets a dangerous precedent.
What’s Actually Happening with 2026 and 2027 DV1 Visas?
As of now, no formal policy document has been released to confirm the program’s suspension in practical or legal terms. That means:
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2026 DV winners applying for adjustment of status may still be eligible—unless USCIS issues guidance to the contrary.
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The 2027 DV lottery cycle has not officially been canceled or paused by the State Department.
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Applicants overseas awaiting visa issuance remain in legal limbo, as embassies and consulates have not issued any updated processing guidance.
How Spar & Bernstein Is Advocating for DV1 Clients
At Spar & Bernstein, our attorneys are actively working to protect Diversity Visa applicants and their families amid this unprecedented uncertainty. We are:
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Submitting adjustment of status filings for 2026 DV winners immediately, before any formal policy is issued
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Monitoring all updates from the Federal Register, USCIS, and DOS Visa Office
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Exploring alternative lawful immigration paths for clients at risk of exclusion
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Preparing to litigate, if necessary, in cases where retroactive or unlawful denial of visa rights occurs
As a statutory program created by Congress, the Diversity Visa cannot be shut down by executive memo alone. We’re here to ensure your rights are protected.
Protecting Rights in a Politicized Environment
The DV1 program has long stood as a symbol of opportunity, inclusion, and lawful entry for individuals from underrepresented nations. Suspending it in the aftermath of an isolated crime, without legal foundation, sets a troubling tone—and one that invites challenge.
As Brad Bernstein put it, “We need policy that’s constitutional, not reactionary. If we’re going to talk about safety, let’s talk about it across the board—not just when immigrants are involved.”
Take Action Now: Your Status May Depend On It
If you’re a Diversity Visa applicant or were selected for 2026 or 2027 processing, time is of the essence. Don’t wait for policy to change or disappear without notice.
Contact Spar & Bernstein today for a one-on-one consultation. We will assess your case, provide immediate next steps, and ensure that you stay on the legal path to permanent residency—even when the political winds shift.
