On March 31, 2026, U.S. District Judge Allison D. Burroughs of the U.S. District Court in Massachusetts ruled that the Trump administration unlawfully terminated the parole of roughly 900,000 migrants who used the CBP One app. The ruling orders the Department of Homeland Security (DHS) to restore parole status and associated eligibility for work authorization for those affected migrants who entered the United States using CBP One parole between May 16, 2023, and January 19, 2025, finding that mass cancellations without individual review violated legal procedures.
The court vacated the April 2025 termination notices and ordered restoration of parole status for affected individuals currently in the U.S., and as follows:
- Applies to migrants who entered using “CBP One” between 2023 and 2025.
- The order protects parole status until DHS follows the proper legal process and the ruling is overturned on appeal.
It is important for employers to know that the government, specifically, the U.S. Department of Justice (USDOJ), can and will likely appeal the ruling. So, this is not over. Employers should not assume that the court’s ruling and parole restoration order are permanent. As stated, the parole can be revoked if DHS follows proper procedures and the ruling is overturned on appeal.
The court found that DHS acted unlawfully by terminating parole without first making the required determination that parole termination was justified by humanitarian reasons or public benefit. As a result, the April 2025 termination notices were vacated, and DHS was ordered to restore the prior parole status for those impacted until proper procedures are followed. DHS retains authority over parole decisions; its enforcement actions must comply with and satisfy legal standards and procedures.
We do not know, but we expect that in the next few days to weeks, DHS will announce that parolees from Cuba, Venezuela, Nicaragua, and Haiti who entered the U.S. using CBP One and remain in the U.S. will retain their parole status pending DHS compliance, and that work authorization will be restored “as per court order.” Employers should monitor DHS and E‑Verify communications for guidance..
Employers must stay alert because DHS is also likely to review and adjust its procedures to comply with the court order and affect the order regarding the restoration.
Employers do not have to require specific documents to verify employment authorization for I-9 purposes but may have to verify that employees qualify under the order.
As the April 2025 termination notices (often sent via email) are vacated, restoring the “C(11)” parole status and associated work authorization, the ruling protects parole status while the lawsuit continues.
Employers may need to reverify Form I-9 documentation within 10 days once DHS updates relevant information, consistent with standard I‑9 rules, to reflect the reinstated status. In some cases, because the court deemed the termination unlawful, the employment relationship is likely to be treated as continuous. In other words, the employer-employee relationship may not be treated as a new hire, but as a re-verification of work authorization that was wrongly canceled.
Employers must proceed carefully but Administration’s Cancellation may be able to review the I-9s of employees who were terminated or suspended following the April 2025 notifications and update them to reflect the restored authorization if the former employees are in the U.S. and willing and able to work with the same employer.
