Last week, a federal district court in Massachusetts temporarily blocked the mass termination of parole and employment authorization for beneficiaries of the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV).
- The stay will remain in effect until the court issues further orders from either the district court or the First Circuit Court of Appeals.
- On April 18, 2024, the Department of Justice appealed the ruling to the First Circuit, and on April 21, 2024, it filed an emergency motion to stay the district court's ruling pending appeal.
- Unless the district court's order is stayed or overturned, the termination of CHNV paroles will not take effect on April 24, 2025.
- A CHNV beneficiary's parole and any associated work authorization will revert to the terms previously granted by the government; those terms vary depending on when the beneficiary applied for parole and the length of parole granted by the government.
What Happened?
On April 14, 2025, a federal district judge in Massachusetts issued an order in Doe v. Noem that temporarily halts the mass termination of parole and employment authorization for beneficiaries of the CHNV Humanitarian Parole program. This stay will remain in effect pending further court action from the district court or the First Circuit.
The court found that the plaintiffs, representing a class of parole beneficiaries, are likely to succeed in their claim that the Department of Homeland Security's (DHS) blanket termination of existing CHNV parole grants was arbitrary and capricious. The Trump Administration has appealed this decision to the First Circuit and filed an emergency motion for a stay pending appeal.
CHNV Background
In January 2023, the Biden administration launched the CHNV parole program, allowing up to 30,000 nationals per month from Cuba, Haiti, Nicaragua, and Venezuela to enter the U.S. Participants could remain in the U.S. for up to two years and apply for employment authorization. In October 2024, the Biden Administration announced it would not extend the program, instead encouraging parolees to seek other immigration options.
On January 20, 2025, President Trump issued an executive order to terminate the CHNV parole program. On March 25, 2025, DHS published a Federal Register Notice announcing the termination of all CHNV paroles, effective April 24, 2025. Some CHNV parolees also began receiving revocation notifications, informing them of the termination of their parole and any associated employment authorization.
What Does This Mean?
Unless and until the district court's stay is lifted, the termination of CHNV parole and any associated employment authorization will not take effect on April 24, 2025. This means that the duration of a CHNV beneficiary's parole and any associated employment authorization will revert to the terms previously granted by the government. For example, although the parole terms vary, an individual who received a two-year parole on December 31, 2023 would be able to remain in the United States legally until December 31, 2025, rather than until April 24, 2025 as directed by the current presidential administration. Additionally, the court order in effect stays notices sent to CHNV parolees about the revocation of their parole and associated work authorization without a case-by-case review by the government.
Impact on Employers
The court's stay means that CHNV parolees can continue working under the terms of their previously granted employment authorization. However, the path forward for employers is far from straightforward. The best course of action will depend on each employer's specific situation.
Employers may not even realize that they have CHNV parolees on staff. These individuals would have presented valid Employment Authorization Documents (EADs), often with no clearly distinguishable marker identifying them as CHNV parolees. Many employers do not retain copies of EADs and may not have recorded the C11 category code, making it difficult to determine who is affected.
For employers aware of C11 EAD holders, further complications arise. The C11 code is not exclusive to CHNV parolees—it includes other parole categories as well. Identifying impacted employees may require tracking by the country of birth listed on the EAD, which may still not produce conclusive results. Additionally, some CHNV parolees have since applied for other statuses, such as asylum, and may have received new EADs with different category codes.
Proactive Steps for Employers
Given the uncertainty and complexity, some employers are taking proactive steps to review their workforce, identify possible CHNV parolees, and reverify work authorization where appropriate. These efforts aim to ensure operational continuity and legal compliance, though they may be challenging to execute.
Employers face significant operational challenges due to the uncertainty introduced by the court's stay. They may lose a segment of their workforce all at once if the stay is lifted and the CHNV termination takes effect. This lack of clarity makes workforce planning difficult, especially in industries already grappling with labor shortages or where CHNV parolees may hold key roles.
USCIS and Employer Compliance
USCIS is aware of the challenges employers face. However, outside of cases where E-Verify has been used, it is nearly impossible for the government to share specific information with employers about an employee's loss of work authorization. This puts many employers in a bind—unable to act without clear information, yet responsible for maintaining compliance.
In this rapidly evolving landscape, employers should continue to monitor developments closely, consult legal counsel as needed, and maintain flexibility in responding to changing guidance. Seyfarth will continue to monitor this litigation and provide updates as information becomes available.
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.
