By: Patricia Gannon, Esq., Marcela Bermudez, Esq., and Hector Chichoni, Esq.
Since the Supreme Court decision, there is much confusion among employers, employees and immigration counsel regarding the revocation of parole and regarding the Cuban Haiti Nicaragua Venezuela (CHNV) parole and the revocation of all Employment Authorization Documents (EADs) issued under CHNV.
On June 6, 2025,USDHS published the following notice:
“On May 30, 2025, the Supreme Court of the United States issued an order lifting the U.S. District Court for the District of Massachusetts’s April 14, 2025, preliminary injunction that stayed parts of the March 25, 2025, Federal Register notice titled, “Termination of Parole Process for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” See Noem v. Svitlana Doe, 605 U.S. (2025). With this decision, DHS may proceed with terminating parole granted under the CHNV parole programs and with revoking any employment authorization based on parole under the CHNV parole programs. Aliens whose parole is terminated and whose employment authorization is revoked will receive notification in their myUSCIS account,” (U.S. Citizenship and Immigration Services ).
On June 12, 2025, DHS published the following notice:
“DHS has begun sending termination notices to aliens paroled into the United States (U.S.) under a Biden-era parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). The messages informed the illegal aliens both their parole is terminated, and their parole-based employment authorization is revoked – effective immediately. These notices will be sent to the email addresses provided by the parolees,” (Department of Homeland Security, 2025 ).
So, the following should be applicable:
Termination of the CHNV and employment authorization invalidates the C-11 EAD.
New applications or approvals under the CHNV parole program are no longer being accepted.
It is important to exercise caution, as some individuals classified under C-11 pursuant to other programs may have a valid Form I-766 (EAD) or Form I-94 with work eligibility until the document’s expiration date. In those cases, no changes to existing I-9s are required unless reverification is triggered by approaching expiration.
Employees under CHNV parole must undergo the same Form I-9 verification process as any other employee. In these cases, consider reminding all employees of their obligation to notify the company if their work authorization changes, both individually and in accordance with general I-9 requirements.
Inform employees with EADs issued under the CHNV parole program that you have received notification by the USDHS that the CHNV parole program has been terminated and that all EADs issued under this program (Category C11) have been revoked effective June 13, 2025.
Be sure to inform them that as an employer you must comply with I-9, Employment Eligibility Verification, law, rules, and regulations. Request these employees to report personally to the HR office immediately to reverify their employment authorization eligibility pursuant to I-9 rules and regulations.
Attach or enclose for their convenience the official list of acceptable documents showing employment authorization. Explain that in order to reverify their employment authorization on form I-9, they must select one of the acceptable forms from the list. They can select either one document from List A (showing both identity and work authorization) or a combination of one document from List B (identity) and one document from List C (work authorization).
Advise that inability to show employment authorization may result in termination of employment as required by federal law.
This communication should be framed as a general policy reminder and not directed at any specific group of employees. Employers should continue to follow standard Form I-9 procedures. Individuals with C-11 classification whose employment documents have expired or are approaching expiration must be invited to reverify under I-9 rules. They may have employment authorization under other programs (i.e. asylum). Employers should review and update their compliance protocols, avoid assumptions, and prepare for upcoming reverifications as expiration dates approach or to do it as soon as possible given the notice of DHS.
Do not ask employees if they entered through CHNV or another program. Employers are not required, and are, frankly, prohibited from making these inquiries unless reverification is legally triggered.
Remember, there was a period during which individuals were authorized to work under the order of Judge Talwani. Then, there is the Supreme Court order, the DHS notification of June 6, and now the DHS notification of June 12. The June 12 notice should serve as the basis for any employment action moving forward. Let’s discuss further before implementing terminations.
