The Department of Homeland Security Puts Employees (and Employers) on Notice – Some Workers Are Expected to Lose Authorization to Work in the United States
March 26, 2025
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On March 25, the Department of Homeland Security (DHS) announced its intent to terminate the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) Parole Program in 30 days (April 24). The Biden-era CHNV program granted certain individuals from Cuba, Haiti, Nicaragua, and Venezuela lawful, non-citizen status, allowing them to be present in the U.S. for designated terms. Many were also given authorization to work in the U.S. under this program. The March 25 notice indicates that individuals who are present in the U.S. as CHNV parolees will lose lawful status on April 24, 2025. The notice encourages parolees to self-deport as soon as possible.
The notice contains important information for employers who employ CHNV parolees. Specifically, the notice states:
“Parole-based employment authorization under 8 CFR 274a.12(c)(11) automatically terminates upon (1) the expiration date specified on the employment authorization document, (2) DHS’s institution of removal proceedings against the alien, or (3) a grant of voluntary departure. See 8 CFR 274a.14(a). Such employment authorization may also be revoked on notice consistent with the procedures in 8 CFR 274a.14(b). DHS has determined that, after termination of the parole, the condition upon which the employment authorization was granted no longer exists and thus DHS intends to revoke parole-based employment authorization consistent with those revocation on notice procedures. 8 CFR 274a.14(b).”
Additionally, the notice goes on to explain: “Third parties, including employers, landlords, and others, may also have indirect reliance interests in the availability of individual CHNV parolees, but even if DHS had allowed the grants of parole to expire at the end of their designated terms, such third parties would have experienced the effects of such expiration. By providing 30 days’ notice, DHS balances the benefits of a wind-down period for aliens and third parties with the exigency of promptly enforcing the law against those aliens lacking a lawful basis to remain in the United States. For the same reasons set forth above, DHS finds the U.S. government’s interest in terminating these grants of parole outweigh any reliance interest of third parties.”
If the DHS’s CHNV Parole Program termination initiative is not blocked by a court prior to April 24, those present and working in the U.S. under the program will lose authorization to be present and to work in the U.S. (hence the 30-day “wind-down period” for parolees and third parties – i.e., their employers – to prepare for compliance).
DHS’s announcement that it will pursue “revocation on notice procedures” is also noteworthy. Under 8 CFR 274a. 14(b), DHS district directors are authorized to serve written notice on parolees of DHS’s intent to revoke their work authorization. Parolees have 15 days to submit countervailing evidence contesting the revocation of their work authorization. Afterward, the DHS district directors have the authority to make a final, binding decision on work authorization revocation.
Now is the time to prepare for compliance if you employ individuals who are present and working in the United States under the CHNV parole program. Many Executive Branch actions have been challenged in court and enjoined during the first two months of the Trump Administration. Employers who employ parolees under the CHNV parole program should carefully monitor any legal updates following today’s DHS notice. Absent an injunction, we expect the DHS to follow through on the initiatives outlined in it.
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