The CHNV Parole Program, a significant humanitarian initiative, allows nationals from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) to temporarily enter the United States. Designed to address urgent humanitarian needs, the program is vital for individuals fleeing political unrest and economic hardships. Since it was launched in January 2023, it has provided employers with a legal avenue to engage a multi-skilled workforce and allowed CHNV employees with the opportunity to work and live lawfully in the U.S. under a structured legal framework.
That program is now in peril, causing uncertainty for both employers and approximately half a million potential employees.
The CHNV Parole Program: A lifeline in peril
Under the CHNV Parole Program, individuals who passed national security and public safety vetting and had a U.S.-based supporter providing housing and other support could obtain a discretionary grant of parole into the United States for up to two years on a case-by-case basis. During this period, individuals could seek humanitarian relief or other benefits and, relevant here, receive an employment authorization document (EAD) to engage in lawful employment in the U.S. while in parole status.
In October 2024, the Department of Homeland Security (DHS) announced there would be no “re-parole” beyond the initial two-year period. Subsequently, in January 2025, President Trump signed executive orders directing the categorical termination of the parole programs, including the CHNV program. These orders directed DHS to restrict its use of parole authority to a case-by-case assessment for urgent humanitarian reasons or significant public benefit.
Following this directive, DHS published notice in the Federal Register on March 25, 2025, announcing the immediate termination of the CHNV parole program. The notice advised that individuals lacking another lawful basis to remain in the U.S. must depart before the parole termination date in April 2025, or face removal proceedings.
Litigation spotlight: Svitlana Doe, et al. v. Noem
The legality of DHS’s sweeping parole termination quickly met judicial resistance. On April 14, 2025, a Massachusetts federal district court issued a stay, which in effect paused DHS’s attempt to terminate the program. The pause was upheld by the U.S. Court of Appeals for the First Circuit on May 5, 2025. The First Circuit’s ruling means that DHS cannot proceed with the termination of the CHNV Parole Program. Three days later, on May 8, 2025, DHS filed an emergency application in the Supreme Court of the United States (SCOTUS) once again seeking to resume its termination of the parole program, explicitly acknowledging that the stay “prevents the government from enforcing that termination with respect to any alien in the United States.” As the case proceeds before SCOTUS, the injunction will remain in effect, preventing DHS from enforcing the categorical termination of parole for the 532,000 individuals who were previously granted parole status and lawfully admitted to the U.S. This injunction also seemingly prevents the revocation of their related employment authorization documents (EADs), at least when such revocation is based exclusively on the categorial termination of their parole status.
Tension beneath the surface: Impact of DHS’s post-order notices
Despite court orders halting the termination of parole status, DHS has continued to issue parole termination notices after the date of the court orders and its April 17th Litigation Update acknowledging the impact of the stay. These post-order notices advise employees that their parole status has been terminated and demand that the employees upload countervailing evidence by a certain date to demonstrate why their unexpired EADs should not be revoked. The notices further advise that benefits previously available to the CHNV employees are no longer available.
The ongoing issuance of DHS notices contrary to court orders presents a critical discrepancy between expected outcomes and real-world actions. While the stay suggests that EADs remain valid, the continued issuance of notices demanding countervailing evidence creates a paradox, rocking the legal boat and creating waves of uncertainty for affected employees and their employers. Employers and employees find themselves navigating turbulent waters, where official acknowledgments of the stay clash with contradictory administrative actions.
Industry impact and business confusion
The DHS notices and related executive orders continue to create significant confusion and disruption in the business community. Employers already face heightened enforcement measures, such as increased I-9 audits, unannounced site visits, and potential raids. With the addition of these notices calling into question an employee’s ability to maintain lawful employment and the employer’s ability to reconcile the courts’ orders, the USCIS’s acknowledgment, and their employee’s receipt of a notice post-order, employers are left scratching their heads, wondering what to do. The notices create an atmosphere of uncertainty, even for the most compliant employers and employees, complicating workforce planning and operational continuity.
Effects on employers and employees
These legal challenges have far-reaching effects on both employers and employees. Employers must navigate the complexities of immigration compliance while ensuring their workforce remains legally authorized to work. Employees, particularly those on parole, face uncertainty regarding their legal status and job security. To mitigate risks, employers should maintain accurate employee records, consult immigration experts, and prepare for potential audits. Employees should stay informed about their legal rights and seek legal assistance to explore whether petitioning for alternative relief is the right course of action for them.
The road ahead: Stay vigilant
Given the evolving terrain, proactive ongoing engagement is critical:
- Employers should maintain detailed, up-to-date employee records; consult with immigration counsel; and prepare for increased scrutiny through audits or enforcement actions.
- Employees should seek qualified legal counsel to understand their rights, explore potential alternative forms of relief, and ensure timely responses to any DHS notices.
Remember: the pause is temporary.
Conclusion
As the CHNV Parole Program litigation progresses, understanding the legal landscape is vital for ensuring compliance and safeguarding interests. By remaining proactive and informed, employers and employees can effectively navigate these choppy waters and maintain stability in an uncertain environment. For the 532,000 parolees and the businesses that rely on them, clarity cannot come soon enough. Until such clarity arrives, immigration lawyers stand ready to steer all parties through the legal currents—steadying the ship as best as we can.
