By: Hector A. Chichoni
On Monday, April 14, 2025, Federal Judicial Service Judge, Indira Talwani, U.S. District Court, District of Massachusetts in Boston, issued an order of stay temporarily halting the present administration’s termination of the humanitarian parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), which is set to take effect on April 24, 2025, affecting close to 532,000 individuals (110,300 Cubans, 211,000 Haitians, 93,100 Nicaraguans, and 117,330 Venezuelans). Many of these CHNV parolees are currently living and working in South Florida (about 80%). In effect, Judge Talwani’s ruling will prevent the U.S. Department of Homeland Security (USDHS)’s secretary, Kristi Noem, from revoking their parole status as part of an administration order to end the CHNV humanitarian program. This action preserves the legal status and Employment Authorization Documents (EADs), or work permits of individuals who entered the U.S. through the CHNV program. This decision marks a significant development in the ongoing legal battle over executive immigration orders affecting these communities.
Judge Talwani’s Decision
Judge Talwani stated that “the Termination of Parole Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, 90 Fed. Reg. 13611 (Mar. 25, 2025), is hereby STAYED pending further court order insofar as it revokes, without case-by-case review, the previously granted parole and work authorization issued to noncitizens paroled into the United States pursuant to parole programs for noncitizens from Cuba, Haiti, Nicaragua, and Venezuela (the “CHNV parole programs”) prior to the noncitizen’s originally stated parole end date.”. Judge Talwani emphasized the potential irreparable harm that could befall the CHNV communities if the program were terminated without a thorough judicial review. Judge Talwani’s 41-page order also states that “While [the present administration’s officials] are correct that the Secretary’s discretion in this area is broad, their conclusion that the Secretary’s actions are wholly shielded from judicial review is incorrect…” In her order, Judge Talwani also states that while her role in reviewing the agency’s revocation order is “limited,” she has the authority to stay the secretary’s “termination” of the CHNV because “it revokes, without case-by-case review, previously granted parole and work authorizations for individuals currently in the United States.” The decision effectively pauses the administration’s efforts to end the program, allowing for further legal examination of the implications of the order to terminate the CHNV.
Implications for Affected Communities
The humanitarian parole program has been a critical lifeline for individuals from Cuba, Haiti, Nicaragua, and Venezuela, providing temporary refuge and the opportunity to work in the United States. The program’s termination would have left many in precarious situations, potentially facing deportation or being forced to return to countries experiencing political and economic instability.
The stay order offers a reprieve for hundreds of thousands of individuals who rely on the program for protection. Advocacy groups have hailed the decision as a victory for human rights and a testament to the importance of judicial oversight in immigration matters.
Judge Talwani also stated that if she did not issue the stay putting Secretary Noem’s termination order on hold: “The immediate impact of the shortening of their grant of parole is to cause their lawful status in the United States to lapse early — in less than two weeks” and “if their parole status is allowed to lapse, [the parolees] will be faced with two unfavorable options: continue following the law and leave the country on their own, or await removal proceedings.”
Reactions from Government Officials and Advocacy Groups
Reactions to the judge’s decision have been mixed. The present administration expressed disappointment, arguing that the termination of the program is necessary for national security and immigration control. A spokesperson for the administration stated that they are considering all legal options, including an appeal of the stay order.
Conversely, advocacy groups and community leaders welcomed the decision. Prominent organizations supporting immigrant rights praised the ruling as a crucial step in protecting vulnerable populations. For now, Judge Talwani’s ruling signals a major victory for the paroled immigrants from the four countries. Judge Talwani, in a separate order issued also on Monday, certified the group as a class.
Immediate Effects on Employers
The stay order effectively halts the implementation of the employment authorization reverification to be conducted by employers on April 24. Therefore, the validity of the EADs issued under the C11 category should default to the period of validity stated on the EAD or work permit card maintaining the status quo until further notice unless stated otherwise. For employers, this means continuing to follow the existing verification protocols. The immediate effect is a temporary reprieve from having to conduct a reverification on April 24, which would have required significant adjustments in compliance.
Potential Legal and Operational Challenges
Despite the temporary relief, the stay order introduces several legal and operational challenges for employers:
Uncertainty in Compliance: Employers must navigate the uncertainty as information is further clarified by the government. We trust this should come up in short order. This uncertainty, however, could complicate long-term planning for employers.Increased Scrutiny: With the stay order in place, employers may face increased scrutiny from USDHS, and employees fear their adherence to current verification standards. However, ensuring compliance with existing laws remains paramount for employers.Resource Allocation: Employers may need to allocate additional resources to monitor legal developments and prepare for potential quick changes in the verification process in the case the stay is lifted.
Guidance and Recommendations for Employers
Considering Judge Talwani’s stay order, employers are advised to take the following steps:
Maintain Current Practices: Continue to follow existing EAD verification procedures to ensure compliance with federal regulations.Stay Informed: Regularly monitor updates from USDHS, Federal Register notices, and legal advisories to remain informed about any changes in the status of the stay order and the underlying litigation.Consult Legal Experts: Engage with legal counsel to understand the implications of the stay order and to develop strategies for potential future changes in EAD reverification requirements.Prepare for Transition: While the stay order is in effect, begin preparing for a potential transition to the new changes and/or procedures by reviewing internal processes and training materials.
Conclusion
The stay order issued by Judge Talwani represents a pivotal moment in the ongoing debate over immigration policy and the humanitarian parole program. As the legal proceedings continue, the decision provides not only temporary relief to the CHNV communities while highlighting the critical role of the judiciary in safeguarding immigration law, but also provides a reprieve to employers, especially for HR personnel, confronting the burdensome and confusing reverification and likely termination process of employees authorized for employment under the CHNV program. The outcome of this case will have lasting implications for the individuals affected and the broader discourse on immigration in the United States.
