On March 25, 2025, the Department of Homeland Security (DHS) published an official notice, ending temporary humanitarian parole benefits for Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) nationals. All pending applications will now be denied. Approved applications where the beneficiary has not yet entered the United States also will be rescinded.
All parolees currently in the United States under these programs have 30 days, or until April 24, 2025, to depart the United States unless they have already applied for and have pending applications for alternative immigration benefits. In addition, employment authorization documents (EADs) issued based on humanitarian parole status will also be voided.
Finally, at the end of the allotted grace period, DHS will focus its efforts on and prioritize the removal of any parolees who have failed to depart and lack independent immigration options to remain in the United States.
This alert seeks to provide a brief background on the CHNV parole program, the rationale for DHS’s action, and recommendations for employers and parolees impacted by this policy change.
History and Rationale of the CHNV Parole Programs
The categorical parole programs for Cuban, Haitian, Nicaraguan, and Venezuelan nationals were introduced between 2022 and 2023. They were modeled after the pilot Uniting for Ukraine parole initiative, which was implemented in response to Ukrainian refugees displaced by the military conflict in the region. Similar to Uniting for Ukraine, the CHNV parole programs allowed US sponsors to financially support and bring nationals of Cuba, Haiti, Nicaragua, and Venezuela into the United States. If approved, beneficiaries were allowed to schedule an appointment at a US port of entry and apply for parole. Once allowed into the country, parolees were permitted to apply for work authorization.
The rationale behind the CHNV parole programs was to alleviate pressures at the Southern Border, which saw an increased number of crossings during the period. The parole programs were meant to reduce illegal entries and dissuade foreign nationals from undertaking often dangerous trips. At the same time, granting work authorization to those paroled under the program sought to curtail unauthorized employment and improve the ability of the federal government to tax income that parolees would receive.
Given the promulgated benefits of the program, DHS’s decision to terminate all humanitarian paroles for CHNV nationals bares further examination to properly understand the implications for both affected employers who have hired CHNV parolees, and those affected parolees alike.
Why is DHS Ending the CHNV Programs?
DHS explains that its decision to end CHNV parole is based on two primary considerations: (1) the program’s alleged failure to reduce illegal immigration and increased burden on the federal system; and (2) the new Administration’s immigration priorities make the program obsolete.
With respect to the program’s effect on illegal immigration, DHS reports that the expected drop in illegal crossings was substantially lower than anticipated, while in comparison, the increase of parole applications across non-border ports of entry merely redistributed migration flow into the United States. Coupled with alleged increased burdens on the social benefits system, and the fact that the new administration has openly and clearly established a reduction of immigration numbers as one of its core priorities, DHS has now found the CHNV parole programs no longer serve its intended purpose.
How Does CHNV Termination Affect Employers?
As a result of the termination, employers should review their Form I-9 employment eligibility verification records to identify potentially affected workers. Given that work authorization documents stemming from the parole programs will terminate as of April 24, 2025, affected workers will no longer be properly authorized to work in the United States.
Moreover, it is worth noting that while DHS has not yet placed an affirmative obligation on employers to update their I-9 records and reverify affected employees on or before April 24, 2025, the agency has done so in the past. As such, given the near-immediate effect of work authorization termination, employers are strongly advised to internally audit I-9 records to make sure any CHNV initial hires on payroll have proper alternative immigration statuses that can allow them to maintain work authorization. Employees who have no alternative immigration benefits pending and are solely working pursuant to their CHNV parole work authorizations will, however, need to cease working and come off the payroll.
Employers also should consider alternative talent sources, as part of their workforce planning, that they may need to support the work and functions that parolees have performed over the last few years and may no longer be able to perform after April 24th. Brainstorming those recruiting efforts quickly is key to reducing business disruptions resulting from this policy change.
We strongly recommend that employers who are looking for ways to support their workforce through these times to contact our worksite compliance team to ensure their I-9 records are compliant, workers are properly work authorized, and for those affected, options are explored and discussed.
What Should Affected Foreign Nationals Do?
The sudden termination of this benefit is also likely causing immense anxiety for the affected foreign nationals. Affected individuals should keep the following in mind as they plan their next steps:
- Not all CHNV parolees are affected – individuals paroled under one of the programs, who have already sought an alternative immigration benefit, and have an independent benefit pending do not need to depart the United States within the allotted 30-day grace period. However, those individuals are still at risk of being detained and inspected based on DHS’s enforcement priorities. As such, we recommend that individuals be prepared to demonstrate all pending benefits and have copies of their filing receipts handy.
- Even those who do not have a pending alternative immigration benefit may have other independent immigration options. While certain scenarios may require an individual to travel outside the United States, foreign nationals affected by the termination should re-evaluate their immigration options, especially if they have secured lawful employment in the United States through their now void work authorizations.
- A risk of being placed in removal exists for those who do not depart within the allotted 30-day grace period ending on April 24, 2025. The DHS notice makes clear that the administration will refocus its efforts toward the CHNV population at the end of the offered grace period and will prioritize the removal of those parolees who have no alternative immigration options or benefits pending with USCIS. Affected individuals should be prepared for how to address questions that may occur during potential encounters with Immigrations and Customs Enforcement (ICE). Affected individuals should also ensure they are aware of whether they are subject to what is known as “expedited removal.” And, if they choose to depart the US and use a land port, they should ensure their departure is reported through the CBP Home Mobile application.
If you have any questions or concerns about this post, please reach out to one of Klasko Immigration Law Partners’ immigration attorneys.
The material contained in this alert does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
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