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Supreme Court Allows Termination of Parole Program for Cubans, Haitians, Nicaraguans, and Venezuelans While Lower Court Orders Continued Processing

06/05/25

Author: ADP Admin/Thursday, June 5, 2025/Categories: Compliance Corner , Federal Compliance Update

On Friday, May 30, 2025, the U.S. Supreme Court lifted an April 14, 2025, temporary injunction blocking the Department of Homeland Security’s (DHS’s) decision to terminate humanitarian parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela under the CHNV program.

Separately, a lower district court ordered DHS to resume processing of parole and reparole applications for individuals covered under the Uniting for Ukraine, Operation Allies Welcome (Afghanistan), Central American Minors Parole, Family Reunification Parole, Military Parole-In-Place, and CHNV Humanitarian Parole.

The Details
Background

·      The CHNV parole program was launched in 2023. 

·      On March 25, 2025, DHS terminated all CHNV paroles, effective April 24, 2025, and then sent CHNV parolees individual notices of the parole termination and the revocation of any associated Employment Authorization Documents (EADs).

·      A lawsuit challenging this DHS action was filed  on April 15, 2025, and a federal district court  issued an order temporarily blocking the April 24, 2025, termination of parole and related employment authorization for beneficiaries of the CHNV parole program.

The Supreme Court Ruling

The U.S. Supreme Court lifted the district court order mentioned above. The Supreme Court decision allows DHS to continue with CHNV parole termination while litigation challenging DHS action continues. DHS has not yet provided guidance regarding the status of CHNV parolees in light of the Supreme Court decision.

District Court Orders Continued Processing

Separately the same federal district court ordered DHS to resume processing of parole, reparole and  applications for individuals covered under the Uniting for Ukraine, Operation Allies Welcome (Afghanistan), Central American Minors Parole, Family Reunification Parole, Military Parole-In-Place, and CHNV Humanitarian Parole. The government is appealing this order.

It is not clear whether DHS will continue to adjudicate parole applications for CHNV beneficiaries in light of the Supreme Court decision and a pending appeal.


Next Steps

·      As mentioned above, DHS hast not provided guidance regarding the status of CHNV parolees and the impact to form I-9 compliance in light of the Supreme Court decision. 

·      Impacted clients should consider consulting with counsel regarding their circumstances to develop risk mitigation strategies, communicate any changes to affected employees, and ensure all employment practices remain in compliance with immigration regulations.

·      ADP will continue to monitor the situation and provide updates as they become available.

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Tags: 06/05/25

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