I-9 compliance is about to get complicated for American employers. The Trump administration has announced its intention to terminate multiple programs that grant work authorization to individuals who have been granted temporary status to remain in the United States, potentially impacting hundreds of thousands of employees nationwide. So, who might this affect in your workforce? Employees with employment authorization documents (EADs) in Categories A12, C11, and C19 may be impacted, losing not only their ability to work but also their ability to remain in the United States.
Impacted Programs
- CHNV Program (Category C11). This program provides temporary status to certain individuals from Cuba, Haiti, Nicaragua, and Venezuela. The Trump administration recently announced that it had canceled the program and that participants were required to exit the United States by April 24, 2025. Last week, however, a federal judge in Boston enjoined the program's cancellation. So, at least temporarily, these individuals have a reprieve from removal.
- The Administration has also announced its plan to eliminate other Category C11 code programs, including Uniting For Ukraine (U4U), Family Reunification Parole programs for nationals of Colombians, Cubans, Salvadorans, Guatemalans, Haitians, Hondurans, and Ecuador (FRP), Operation Allies Welcome (OAW), Central American Minors (CAM) Program, and parole granted through Safety Mobility Offices.
- "Temporary Protected Status" (TPS) (Categories A12
and C19) programs are also on the chopping block. TPS allows
individuals from designated countries facing conflict or
humanitarian crises to remain in the United States temporarily.
Individuals from 17 countries are currently eligible for TPS.
Recently, the Trump administration has canceled or shortened these
protections for individuals from Venezuela, Haiti, Cameroon, and
Afghanistan.
- Venezuela: Secretary of Homeland Security Kristi Noem announced the termination of TPS for Venezuelan nationals. However, under a current court order, TPS currently will continue at least through October 2, 2026.
- Haiti: TPS status for Haitian nationals will now end as of August 3, 2025.
- Cameroon: Individuals from Cameroon will have their TPS status end as of June 7, 2025.
- Afghanistan: TPS status for Afghan nationals will now end as of May 20, 2025.
Next Steps for Employers
- Stay informed. Administration announcements – and court orders impacting them – can occur and change daily, requiring employer action in a relatively short timeframe.
- Assess your risk. How many individuals does your company employ based upon EADs? Does your Form I-9 record retention approach allow you to assess the categories into which your EAD holders fall? The Form I-9 itself does not require that employers capture the category from the EAD. Moreover, even when the category designation is noted – such as through retaining copies of the EAD – the program in which the employee is participating may not be known. For employers with a large number of employees in Categories A12, C11, and C19, defining a process for identifying these employees and ensuring that they are not permitted to work past the end of their designated authorization periods is key.
- Avoid assumptions. Individuals from the same country may be in different categories and programs. Simply identifying nationals of a particular country will not allow a company to identify who might be impacted by administration actions and corresponding court rulings.
- Handling program terminations. Should a program be terminated, by the date of termination, individuals granted status under the affected program must (a) be able to prove that they have another legal status that allows them to work or (b) have their employment terminated.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
