The U.S. Supreme Court recently lifted a federal court injunction that had temporarily blocked the U.S. Department of Homeland Security from terminating the CHNV Humanitarian Parole Program, which allowed qualifying nationals of Cuba, Haiti, Nicaragua, and Venezuela to apply for up to two years of humanitarian parole and work authorization in the United States.
The DHS originally announced termination of the program on March 25, with an effective date of April 24.
A federal court in Massachusetts initially paused the termination, but the Supreme Court’s order, issued on May 31, reversed that injunction. As a result, more than 530,000 parolees who had previously been granted work authorization may now lose that status. On June 6, the DHS announced that it would proceed with terminating parole under the CHNV program. The agency stated that it will notify affected individuals via their myUSCIS accounts. As of June 12, it appeared that the DHS began issuing notices of termination to the email address provided by the parolees. It is unclear whether paper notifications will also be mailed to those who do not have active online accounts or email addresses.
Separately, on May 19, the Supreme Court lifted a federal injunction blocking the DHS from terminating Temporary Protected Status for Venezuela under its 2023 designation, affecting approximately 350,000 individuals. However, on June 2, the court overseeing the National TPS Alliance case ruled that the DHS cannot invalidate Employment Authorization Documents that were issued before February 5, 2025, under the 2023 TPS designation. These EADs – which may be valid through October 2026 – remain in effect for now.
Meanwhile, the 2021 TPS designation for Venezuela remains in effect through September 10, 2025. Haiti’s TPS designation period, originally set to expire February 3, 2026, was shortened by DHS to August 3, 2025, and is now the subject of two separate lawsuits. Nicaragua’s TPS designation remains valid through July 5, 2025, with no current litigation or DHS notice terminating or extending that designation.
Related litigation
Several legal challenges remain active:
- Svitlana Doe et al. v. Noem et al. (1st Cir., No. 25‑1445): Plaintiffs challenged the termination of the CHNV parole program, arguing it violated statutory requirements for individualized review. A federal court initially blocked the DHS from halting pending applications, but the Supreme Court stayed that order on May 30, allowing termination to proceed while the appeal is pending before the U.S. Court of Appeals for the First Circuit. A hearing date has not yet been scheduled. The district court has also ordered the DHS to report on how it will put the Supreme Court’s order into effect, including its guidance on processing pending cases.
- National TPS Alliance et al. v. Noem et al. (9th Cir., No. 25‑1766): Plaintiffs are challenging the termination of Venezuela’s 2023 TPS designation, alleging violations of the Administrative Procedure Act and discriminatory intent. A district court injunction was lifted by the Supreme Court on May 19, 2025, and the case is pending on appeal in the Ninth Circuit. On June 2, the district court partially reinstated protections, ruling that the DHS cannot invalidate Employment Authorization Documents issued before February 5, 2025.
- Haitian Evangelical Clergy Association v. Trump (S.D.N.Y.): Filed in March 2025, this lawsuit challenges the Administration’s February 2025 decision to terminate Haiti’s TPS designation on August 3, 2025, instead of the original February 3, 2026. Oral argument was held earlier this month.
- Haitians Americans United et al. v. Noem (D. Mass., No. 25‑10498): This case similarly challenges the expedited termination of Haiti’s TPS, citing statutory violations and alleged racial animus.
What we know so far
CHNV Parolees (EAD category (c)(11)):
- The DHS has not yet formally invalidated all EADs with (c)(11) codes, but per the June notices issued on June 6 and 12, employees appear to be receiving termination notices.
- Affected employees must be given an opportunity to present alternative valid documents. If they cannot, their employment may have to be terminated. Employers are encouraged to consult with legal counsel before taking adverse action.
Venezuelan TPS (2023 designation – EAD categories A12/C19):
- The 2023 designation is being terminated, though as of this alert, the DHS has not published a formal termination notice.
- The National TPS Alliance litigation may affect timelines, so employers should monitor for updates.
Important: Certain EADs issued under the 2023 TPS designation remain valid. EADs remain valid if they were issued before February 5, 2025, with an expiration of October 2, 2026, and must be honored unless and until a new court order is issued.
Venezuelan TPS (2021 designation – EAD categories A12/C19):
- EADs under this designation remain valid through September 10, 2025.
Haitian TPS (EAD categories A12/C19):
- Effective February 20, 2025, the DHS shortened Haiti’s TPS period to August 3, 2025.
- All Haitian TPS-based EADs now expire on or before that date, unless extended by future court order.
Nicaraguan TPS (EAD categories A12/C19):
- Nicaragua’s TPS designation remains in place through July 5, 2025.
- If the DHS does not terminate a TPS designation, the Secretary may extend or redesignate TPS for up to 6, 12, or 18 months. As of this alert, the DHS has not issued a Federal Register notice extending or terminating this designation.
- EAD validity depends on re-registration status and may extend through that date or be covered by earlier automatic extensions, which correspond to EADs that may have already expired on March 9, 2025.
How to identify affected employees
To ensure compliance and avoid discriminatory practices, employers should do the following:
- Review Form I-9s and EADs
- (c)(11) = Parole-based EAD (likely CHNV)
- A12 = TPS-approved
- C19 = TPS-pending
- Verify Country of Citizenship
- Use Form I-9 Section 1 or employee-provided documentation.
- Check Timing
- CHNV EADs likely issued between early 2023 and early 2025.
- Look for USCIS Auto-Extensions
- Match EAD expiration dates against DHS notices.
- Document the Review Process
- Apply consistent criteria; avoid assumptions based on name or national origin.
- Consult Legal Counsel. This is especially important where multiple immigration statuses or applications are involved and you are unclear whether an employee’s work authorization has been terminated.
Recommendations for employers
Begin by conducting an internal Form I-9 audit to identify employees working under CHNV parole (EAD category (c)(11)) or TPS designations for Venezuela, Haiti, and Nicaragua (categories A12 or C19). Communicate directly with affected employees—both by email and through workplace postings—and encourage them to share any updates that they receive from the DHS or through their myUSCIS accounts.
As EADs begin to expire or are revoked, employers must reverify employment authorization and update I-9 records accordingly. If an employee cannot present valid alternative documentation, removal from payroll may be required. Where possible, employers should also assess whether affected employees may qualify for alternate immigration options, such as H-1B or O-1 visas, or permanent residence through employer- or family-sponsored processes.
This remains a rapidly changing area of immigration law and policy. With ongoing litigation, incomplete DHS guidance, and the potential for further court intervention, many aspects of work authorization for TPS holders and CHNV parolees remain unsettled. Employers should prepare for continued uncertainty over the coming months.
We are closely monitoring all legal developments, agency announcements, and implementation timelines. Please contact any member of our Immigration Practice Group if you have questions or need assistance identifying affected employees, managing I-9 compliance, or planning immigration strategies.