On Friday, May 30, the U.S. Supreme Court lifted a District Court order that paused the administration’s termination of the parole programs for nationals of Cuba, Haiti, Nicaragua and Venezuela (CHNV). The Supreme Court's order freezes the lower court's ruling until all appeals and possible Supreme Court review are exhausted. There is no longer a stay in place preventing the Department of Homeland Security (DHS) from terminating CHNV Parole Programs, including work authorization.
Background
The CHNV Parole Programs started in Oct. of 2022 with the implementation of parole program for Venezuelans, which was subsequently expanded to Cubans, Haitians and Nicaraguans in 2023. Over 500,000 CHNV parole applicants have arrived in the U.S. as parolees, with many of them joining the work force with lawful employment authorization documents (EADs).
On March 25, 2025, DHS issued a Federal Register Notice to terminate the parole processes for CHNV nationals, effective April 24, 2025. The notice announced DHS' intent to deport CHNV parolees from the U.S. unless they had other lawful bases to remain. DHS also announced its intent to terminate the EADs of parolees by notice through the parolees' U.S. Citizenship and Immigration Services (USCIS) online accounts.
Implications for Employers
This development creates challenges for employers who have CHNV parolees in their workforce. When DHS announced the termination of the program in March, it advised that employers have "constructive knowledge" of termination of CHNV work authorization due to the publication of the announcement in the Federal Register. Such "constructive knowledge" can serve as the basis for a charge that the employer has knowingly continued to employ an unauthorized worker, potentially leading to fines and penalties.
But employers should not presume that all nationals of the CHNV countries have had their status terminated, even if they are known beneficiaries of the program. Such parolees may have changed status or applied for adjustment of status, thereby providing lawful means to remain in the U.S. Taking adverse employment action against CHNV parolees could constitute discrimination based on national origin. Thus, employers are put in an awkward position of balancing the risk of employing unauthorized persons against the risk of engaging in unlawful discrimination.
At this time, USCIS has not issued guidance on how it intends to proceed following the lifting of the stay.
Recommended Action
We recommend that employers do the following:
- Review I-9 and e-Verify records (including copies of work authorization documents, if retained) to identify employees from CHNV countries who presented an EAD showing category (c)(11) at the time of hire.
- Once all such employees are identified, contact counsel to review the records and determine whether it is appropriate to request updated work authorization. This may include review of I-94 admission records. There are many admission codes associated with the CHNV program, making it difficult to determine who is affected. Careful review can help you avoid taking adverse employment action against an authorized worker.
- Notify counsel if your employees receive a notice of termination of employment authorization via their USCIS online accounts.
- If employees seek advice or information from you, encourage them to retain experienced immigration counsel, or refer them to a resource such as the Michigan Immigrant Rights Center.
- Stay alert for further updates: We expect USCIS guidance and further changes due to ongoing litigation. We recommend continued monitoring of both court and agency developments.
We will provide timely updates as the legal and policy landscape continues to shift. Please contact a member of our immigration team with any questions or concerns regarding how this ruling may impact your employees or compliance protocols.
If you have questions about these updates or any immigration matter, please contact Sarah Bileti, Daniel Persinger, Christopher LeClair or your Warner attorney.
