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Keywords

visa
visa

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Smirnov v. Clinton

Facts

Congress established the diversity visa program to encourage and facilitate immigration to the United States from countries with historically low rates of immigration. Each year, the U.S. Department of State administers a lottery program where approximately 100,000 randomly-selected 'winners' are given the opportunity to apply for 'green cards,' or permanent residence visas. In October 2010, over 19 million people submitted entries for the diversity visa lottery for fiscal year 2012. When the results were announced in early May of 2011, it became apparent that more than 90% of the winners had completed their entries during the first two days of the thirty day submission period. The State Department decided to void the lottery results, and it announced that another lottery would be conducted in July 2011.

Congress established the diversity visa program to encourage and facilitate immigration to the United States from countries with historically low rates of immigration. Each year, the U.S. Department of State administers a lottery program where approximately 100,000 randomly-selected 'winners' are given the opportunity to apply for 'green cards,' or permanent residence visas. In October 2010, over 19 million people submitted entries for the diversity visa lottery for fiscal year 2012. When the results were announced in early May of 2011, it became apparent that more than 90% of the winners had completed their entries during the first two days of the thirty day submission period.

Issue

Whether the results of the diversity visa lottery were conducted in accordance with the statutory requirement for random selection.

Whether the results of the diversity visa lottery were conducted in accordance with the statutory requirement for random selection.

Rule

The diversity visa program requires that visas must be issued 'to eligible qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved.'

The diversity visa program requires that visas must be issued 'to eligible qualified immigrants strictly in a random order established by the Secretary of State for the fiscal year involved.'

Analysis

The court found that the State Department's decision to void the lottery results was reasonable because the selection process did not meet the statutory requirement for random selection. The court noted that the majority of winners were those who submitted their entries on the first two days, indicating a lack of randomness in the selection process. The court emphasized that it could not second-guess the agency's reasonable policy decision made after balancing the interests of all stakeholders.

The court found that the State Department's decision to void the lottery results was reasonable because the selection process did not meet the statutory requirement for random selection.

Conclusion

The court denied the immigrants' claims for relief and dismissed the complaint.

The court denied the immigrants' claims for relief and dismissed the complaint.

Who won?

The government prevailed in the case because the court upheld the agency's decision to void the lottery results based on the lack of random selection.

The government prevailed in the case because the court upheld the agency's decision to void the lottery results based on the lack of random selection.

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