A federal court is poised to temporarily block the early termination of the humanitarian parole program for nationals of Cuba, Haiti, Nicaragua and Venezuela (CHNV), a move that could impact the legal status and work authorization of hundreds of thousands of individuals currently employed in the U.S.
During an April 10 hearing, U.S. District Judge Indira Talwani indicated she intends to issue an order halting the U.S. Department of Homeland Security’s (DHS) plan to revoke parole and associated benefits for current CHNV program participants. The Biden-era program allowed approximately 450,000 individuals to enter and remain in the U.S. lawfully while pursuing asylum or other permanent legal pathways, and many have since secured valid employment authorization.
Key Takeaways for Employers:
- No Immediate Termination: The judge’s anticipated ruling will likely prevent DHS from cutting short the parole period and revoking work authorization for existing CHNV beneficiaries — at least for now.
- Employment Authorization Should Remain Valid: If a stay is entered as expected, employees who were granted work permits under this program may continue working lawfully past the previously announced April 24 termination date.
- Legal Challenge Still Ongoing: The lawsuit, Doe et al. v. Noem et al., challenges DHS’ authority to end the program early and restrict parolees' access to work authorization, Temporary Protected Status (TPS) and asylum. A final ruling — and any subsequent appeals — could still impact long-term outcomes.
- Potential for Class Action: The court is also considering whether to certify the case as a class action, which could broaden protections to all CHNV parolees.
What You Should Do:
- Continue to Monitor: Employers should not take adverse action against CHNV parolee employees based solely on the program’s previously announced termination. Legal status and employment authorization remain valid unless officially revoked.
- Update HR and Legal Teams: Ensure that those responsible for I-9 compliance and work authorization tracking are informed of the pending court order and do not prematurely assume termination of work eligibility.
- Reach Out for Case-specific Guidance: If you have questions about your employees’ status under the CHNV program or related compliance measures, reach out to an immigration attorney.
