The administration terminated the Cuba, Haiti, Nicaragua, Venezuela parole (CHNV parole) program yesterday (June 12, 2025). See: https://www.dhs.gov/news/2025/06/12/dhs-issues-notices-termination-chnv-parole-program-encourages-parolees-self-deport. According to the administration, notices have already been issued to affected parolees advising their status has been terminated, their employment authorization documents (EADs) revoked “effective immediately,” and that they are expected to self-deport.
What This Means for Employers
The decision to terminate the CHNV parole program immediately, without any notice, has surprised employers. Many employers anticipated that the administration would provide advance notice before terminating the program. Interestingly, only a day before the program’s termination, President Trump acknowledged the difficulty employers face in replacing workers in sectors impacted by recent immigration raids. With 530,000 individuals participating in this program, employers who have relied on CHNV parole workers will most certainly feel the hit.
At this point, the administration has provided guidance only to affected parolees. Although we have received some information that suggests the administration may develop guidance for employers, it remains unclear whether any such guidance will materialize, particularly given past inaction in similar situations.
In this enforcement-heavy environment, with immigration-related offenses being the “investigative and charging priorities” of this administration (https://www.justice.gov/ag/media/1388541/dl?inline), employers would be prudent to take affirmative steps to prepare for the reality of losing these workers. Employers should take the following steps:
- Check employment records and determine which employees may have been affected by this sudden development and the loss of employment authorization (Category C11). The government’s recent publication could be construed as placing employers on notice that employees from the four affected countries, with CHNV parole, may no longer have employment authorization.
- Once employers have identified the affected employees, they should meet with each employee, ask whether they have received revocation notices from the government, and if so, inquire about whether they have alternative evidence of employment authorization.
- Employees with a different form of employment authorization (e.g., EAD with the Category C08 [asylum applicant], EAD with the Category C09 [green card applicant], etc.) should be given the opportunity to update their I-9 Form. The employer should complete Supplement B (formerly known as Section 3) to finalize the update.
- Affected CHNV Employees without a different form of employment authorization, who admit they received a revocation notice, and who do not have alternative forms of employment authorization, should be informed that their employment with the company may be terminated on June 23, 2025 (unless the administration changes course on this decision). The approach, here, is to offer 10 days in which to act once an employer has been placed on notice of a problem with an employee’s status. Because DHS typically allows employers 10 days to resolve issues identified during I-9 audits, applying the same timeframe here offers a reasonable and practical approach to addressing this unexpected and sudden development.
We recognize the action of terminating employment, listed under the fourth step above, could be construed as overly cautious. In the eyes of DHS, however, employers have a duty to monitor their workforces. Now, with widespread publicity that the CHNV parole program has been terminated, DHS would almost certainly take the position that employers are on notice (actually or constructively) about the loss of status of these parolee employees. Failure to take affirmative steps to address such a situation could lead to significant legal consequences.
We will continue to closely monitor this situation and report on new developments.
This publication is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal or financial advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author(s). This publication is not intended to create an attorney-client relationship between you and Holland & Hart LLP. Substantive changes in the law subsequent to the date of this publication might affect the analysis or commentary. Similarly, the analysis may differ depending on the jurisdiction or circumstances. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.