ICAP successfully represented two aspiring immigrants and their families in a challenge to the “Passport Rule”—a 2019 policy that required applicants to possess a valid passport just to enter the Diversity Visa lottery. Previously, applicants needed to obtain a passport only if they were actually selected as winners. ICAP argued that the requirement erected a prohibitively expensive and time-consuming barrier for individuals in developing nations where passport ownership is rare and the cost can represent a significant portion of an individual’s annual income.
The litigation culminated in a decisive victory for global immigration access. In February 2022, a federal district court in the District of Columbia vacated the Passport Rule, finding that the State Department had unlawfully bypassed the mandatory notice-and-comment period required by the APA. The court rejected the government’s attempt to use the “foreign affairs exception” to justify its secrecy, finding that the Passport Rule did not involve sensitive international negotiations. By striking down this significant hurdle, ICAP’s victory restored the Diversity Visa Program to its original form, ensuring that millions of potential immigrants are not excluded from entering the lottery simply because they lack the financial means to secure a passport.
