Navigating the Choppy Waters: Critical CHNV Parole Program Updates and What They Mean for Your Business

Watch out for the rocks.

U.S. immigration policy is ever-shifting in the Trump era, and recent developments concerning the CHNV (Cuban, Haitian, Nicaraguan, and Venezuelan) Parole Programs have sent ripples of concern through the business community. If you employ individuals whose work authorization is based on a humanitarian parole program, you might be wondering: What does this mean for my employees and my company's I-9 compliance obligations?

As a business immigration lawyer, I've guided countless employers through the complexities of immigration law, and I understand the anxieties that arise when policies change abruptly. My goal at Locke Immigration Law is to provide clear, actionable advice to help you navigate these challenges effectively. In May 2025, a significant Supreme Court decision altered the course for these programs, and it's crucial for employers to understand the implications. Let’s break down what’s happened and what steps you should consider to protect your business and support your workforce.

The Latest Legal Turn: Supreme Court Allows CHNV Program Termination to Proceed

On Friday, May 30, 2025, the Supreme Court made a pivotal decision. It granted the Trump administration’s request to pause an earlier order from the U.S. District Court of Massachusetts. This earlier order, issued on April 15, 2025, had temporarily halted the administration's plans to terminate the CHNV Parole Programs.

Key Takeaway: The Supreme Court's action effectively lifts the freeze on the termination process. This means the Department of Homeland Security (DHS) can now move forward with ending the CHNV Parole Programs and the associated work authorizations for about half a million parolees, while the case continues to be litigated in the 1st Circuit Court of Appeals.

This is a rapid shift from the situation just weeks ago. It underscores how quickly the legal ground can change in immigration matters, making proactive compliance and expert guidance more critical than ever.

A Quick Refresher: What Are the CHNV Parole Programs?

Before we dive deeper into employer responsibilities, let's briefly revisit what these programs entail.

Origins: The CHNV programs were established, drawing inspiration from the "United for Ukraine" (U4U) program. They began in October 2022 for Venezuelans and expanded in January 2023 to include Cubans, Haitians, and Nicaraguans.
Purpose: These programs allowed eligible individuals from these four countries to be paroled into the United States on a case-by-case basis for urgent humanitarian reasons or significant public benefit.
Work Authorization: A key component of these programs was the ability for parolees to apply for and receive work permits, also known as Employment Authorization Documents (EADs). Typically these were issued under category (c)(11), and were valid for a two-year period.
Scale: By December 2024, U.S. Customs and Border Protection (CBP) statistics indicated that approximately 532,000 individuals had arrived in the U.S. as CHNV parolees. Hundreds of thousands of these parolees continue to live and work in the U.S. today.

Initially, the Biden administration had indicated in October 2024 that it would not extend the parole periods beyond the initial two years, advising beneficiaries to seek alternative immigration statuses. Then, on March 25, 2025, DHS published a notice in the Federal Register announcing the termination of these parole processes, effective April 24, 2025. This set the stage for the legal challenges and the recent Supreme Court ruling.

Impact on CHNV Parolees and Their Work Authorization

The Supreme Court's decision has direct and serious consequences for individuals paroled under the CHNV programs.

Parole Status at Risk: Their parole status, which forms the basis of their lawful presence and ability to work, is now subject to termination by DHS.
(c)(11) EADs in Jeopardy: Consequently, the parolees' (c)(11) Employment Authorization Documents are also at risk of revocation. DHS has asserted that because the underlying basis for the EAD (the parole) would no longer exist, the EADs can be revoked upon notice. But note that not all (c)(11) EADs are issued to CHNV parolees, and it could be illegal to fire all your employees who have (c)(11) EADs.
Notices to Parolees: Some CHNV parolees had previously received Notices of Intent to Revoke (NOIR) their EADs via their myUSCIS online accounts, often with a 15-day window to submit countervailing evidence. The District Court's stay had paused these actions, but that protection is now lifted.
Potential for Removal: DHS has indicated its intent to "promptly remove" individuals who entered under these programs if they do not depart before their parole termination date and lack another lawful basis to remain in the U.S.

This is undoubtedly a stressful time for affected employees. As employers, understanding these impacts is the first step in navigating your responsibilities.

Crucial Guidance for Employers: Navigating I-9 Compliance and Workforce Management

Sudden policy shifts can create immense challenges for employers. The key is proactive, informed, and compliant action. Here’s what you need to know:

Understanding "Constructive Knowledge"

The March 25, 2025 Federal Register notice stated that its publication constitutes "constructive knowledge" for employers that the CHNV parole programs have ended. What does this mean for you?

"Constructive knowledge" is a legal term (defined in 8 CFR §274a.1(l)) implying that an employer should have known about a fact, even if they didn't have direct, explicit knowledge. In this context, it means DHS considers employers to be officially informed that the work authorization for CHNV parolees might be ending sooner than the expiration date on their EADs.
This can be a basis for findings of "knowingly continuing to employ unauthorized workers" if proper steps aren't taken.

The Challenge of I-9 Reverification and Avoiding Discrimination

This "constructive knowledge" triggers a responsibility to ensure your workforce remains authorized, but this is where things get tricky.

Identifying Affected Employees: How do you identify which employees might be CHNV parolees with (c)(11) EADs?
- An employee presenting a (c)(11) EAD for Form I-9 (List A) does not automatically mean they are a CHNV parolee. This EAD category is used for other parole types as well.
- The EAD category code is not required information for employers to record in Section 2 of Form I-9 for a List A document.
- Unless you have a consistent policy of retaining copies of I-9 documents (which is not generally required, except for E-Verify employers), you may not have this information on record.
- E-Verify employers might be able to see if a (c)(11) EAD was presented, but the I-94 record is typically needed to confirm CHNV program participation. CBP used specific admission codes for CHNV parolees (e.g., CHP, HHP, VHP, NHP). It's crucial to note that Family Reunification parole programs (using codes like RCU, RHT) were not impacted by this termination.

The Anti-Discrimination Tightrope: Employers must be extremely careful. Requesting additional documents or reverifying work authorization only for employees you suspect might be CHNV parolees can lead to discrimination claims under the Immigration and Nationality Act's anti-discrimination provisions (8 U.S.C. § 1324b).

Loren's Thoughts: "This is a delicate balance. You have compliance obligations, but you must meet them without singling out employees based on national origin, citizenship status, or appearance. I always advise clients to establish consistent, non-discriminatory I-9 practices and consult with legal counsel before taking any steps that could be perceived as discriminatory."

Practical Steps for Workforce Management

Given these complexities, what are some practical, compliant steps employers can consider?

Consult with Immigration Counsel: Before taking any action, discuss your specific situation and employee population with an experienced business immigration lawyer. We can help you develop a strategy that balances compliance with anti-discrimination laws.
Review I-9 Policies (Not Individual Employees Selectively): Ensure that your general I-9 policies are sound. If you don't already, consider establishing a consistent policy for document retention.
Provide Opportunity for Alternative Documents: If reverification becomes necessary for an employee whose work authorization is confirmed to be ending, you must allow them to present any acceptable combination of List A, List B, or List C documents to prove their continued work authorization. Do not demand specific documents.
Consider General, Non-Discriminatory Communications: Some employers might consider providing a general notice to all employees about the importance of maintaining valid work authorization and ensuring their I-9 information is up-to-date. This could include a reminder to inform HR of any changes to their status or EAD validity, or if they have received any official notices regarding their immigration status. This approach should be carefully crafted with legal counsel.
Evaluate Risks and Business Continuity: Assess the potential impact on your workforce if a segment of employees loses work authorization. This involves understanding how many of your employees might be affected (without discriminatory profiling) and how their abrupt and simultaneous departure could impact business operations.

Document Everything:

Loren's Tip: "Document every step. Clear records of your policies, any communications to employees (ensuring they are non-discriminatory), and your good-faith compliance efforts are invaluable if questions arise later."

What About Pending Guidance? What's Next?

As of today, May 31, 2025, USCIS and DHS have not issued new public guidance following the Supreme Court's May 30th order.

Current Advice: Until new official instructions are released, the best option is to continue to reference the information posted by USCIS as of April 24, 2025, while being aware of the Supreme Court's latest action.
Stay Alert: This situation is fluid. Employers and affected individuals should diligently monitor official USCIS and DHS websites for any new announcements or updates.

My Perspective: Strategic Workforce Planning in Uncertain Times

As a lawyer who has specialized in business immigration for years, including navigating complex consular practices and developing enterprise-level corporate immigration strategies for industries like aviation, healthcare, and professional services, I've learned that proactive planning is key. While the CHNV situation is specific, it highlights a broader truth: immigration policies can change and affect the work authorization of your current staff, and businesses need to be prepared.

Building Resilience: Consider how your organization can build resilience. This might involve understanding the various visa options available for your workforce, developing contingency plans, and fostering open communication (within legal bounds) with employees about the importance of maintaining their status.
Exploring Alternatives: For employees affected by situations like the CHNV termination, it's always worth exploring if any alternative immigration pathways exist, such as Temporary Protected Status (TPS) if applicable, asylum claims, or other nonimmigrant or immigrant visa categories. While each case is unique, a thorough assessment is always the first step.

Key Takeaways and Actionable Steps for Employers

Let's summarize the critical points for employers in light of the CHNV parole program updates:

Supreme Court Allows Termination: The Supreme Court's May 30, 2025, decision permits DHS to proceed with terminating the CHNV parole programs and related (c)(11) EADs.
(c)(11) EADs at Risk: Work authorization for CHNV parolees is no longer protected by the previous court-ordered stay.
"Constructive Knowledge" Applies: Employers are deemed to have "constructive knowledge" of the program's termination due to the Federal Register notice, triggering I-9 compliance responsibilities.
Act Carefully to Avoid Discrimination: When addressing potential work authorization issues, employers must avoid discriminatory practices. Do not single out employees based on perceived nationality or immigration status.
Consult with Immigration Counsel: This is the most crucial step. Seek expert legal advice to navigate compliance obligations correctly and develop a non-discriminatory approach.
Stay Updated: Monitor official USCIS and DHS channels for the latest guidance.