On June 12, 2025, the Department of Homeland Security (DHS) announced that it began emailing Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) parolees to inform them that “both their parole is terminated, and their parole-based employment authorization is revoked – effective immediately.” DHS’s announcement also encourages the notified parole recipients to self-deport using the CBP Home Mobile App, if they have not obtained lawful status in the United States (U.S.).
On Friday, May 30, the Supreme Court granted President Trump’s Administration’s request to pause the April 15, 2025 Order issued by the Court in Doe et al. v. Noem et al., case number 1:25-cv-10495 filed with the U.S. District Court for the District of Massachusetts, to pause the Administration’s termination of the CHNV Parole Programs. This order effectively freezes the effect of the District Court’s ruling until all appeals and possible Supreme Court review are exhausted. Justices Ketanji Brown Jackson and Sonia Sotomayor dissented. Procedurally, this case continues through the 1st Circuit Court of Appeals and there is no longer a stay in place preventing the Department of Homeland Security (DHS) from terminating CHNV Parole Programs, including work authorization.
To understand the impact of the Supreme Court’s Order, a summary of the Humanitarian Parole Programs for foreign nationals and their immediate family members from Cuba, Haiti, Nicaragua, and Venezuela (CHNV), is as follows:
- The CHNV Parole programs started in October of 2022 with the implementation of parole program for Venezuelans. It was subsequently expanded to Cubans, Haitians, and Nicaraguans in January of 2023. The CHNV programs provided parole as well as the ability to obtain employment authorization documents (EADs) valid for a two-year period. Based on December 2024 statistics from the U.S. Customs and Border Protection (CBP), approximately 532,000 CHNV parole applicants had arrived in the U.S. as parolees.[1]
- On March 25, 2025, the U.S. Department of Homeland Security (“DHS”) issued a Federal Register Notice (90 FR 13611 (Mar. 25, 2025) to terminate the parole processes for Cubans, Haitians, Nicaraguans and Venezuelans effective April 24, 2025.
- On April 14, 2025, U.S. District Judge Indira Talwani issued an order in Doe et al. v. Noem et al., case number 1:25-cv-10495 filed with the U.S. District Court for the District of Massachusetts, granting an emergency stay4of “DHS’s En Masse truncation of all valid grants of CHNV Parole.” The Order is primarily based on the failure by DHS to provide case-by-case review before revocation of grants of CHNV parole and work authorization before the originally stated end date. The Court Order provided the following temporary relief:
- It stayed (postponed) DHS’ Termination of the CHNV parole grants and associated employment authorization. Thus, U.S. Employers and Employees were able to rely on the existing termination date of their (c)(11) employment authorization documents.
What does the U.S. Supreme Court’s May 30, 2025 Order do and how does it impact work authorization?
Organizations employing CHNV parolees should evaluate the risks and potential consequences associated with identifying this specific population of their workforce, how to update I-9 records and confirm these individuals’ continued (in)eligibility to work in the United States, providing these individuals with an opportunity to present other documents from the List of Acceptable Documents through the Form I-9, Reverification process, and the potential impact on the organization’s workforce planning strategies and the continuity of their business operations.
At this time, U.S. Employers should continue to monitor the U.S. Citizenship and Immigration Services (“USCIS”) and E-Verify for further clarity and guidance, and plan and prepare for the reverification such Employees’ work authorization.
Should you wish to receive further information concerning Immigration matters, please contact Gunster’s Immigration Law practice.
[1] https://www.refugeesinternational.org/perspectives-and-commentaries/setting-the-record-straight-on-chnv/.
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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.
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