Termination of the CHNV Parole Programs – What Employers Need to Know | Alston & Bird

Our Immigration Team discusses the implications of the end of the Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) programs begun under the Biden Administration.

• The Department of Homeland Security (DHS) is ending the programs 30 days after its notice is published in the Federal Register
• CHNV nationals may be subject to enforcement even before the termination date
• Employers are not required to proactively terminate CHNV employees

The Department of Homeland Security (DHS) will terminate parole programs for qualifying Cuban, Haitian, Nicaraguan, and Venezuelan (CHNV) nationals. Notice of termination of the programs will be published in the Federal Register on Tuesday, March 25, 2025.

The notice seeks to inform the affected workers of when their status terminates, advises them to depart the United States before that date, and warns that they may be subject to enforcement action even before that date. It does not direct employers to proactively check which employees are subject to this provision and to shorten their work authorization through the 30-day deadline provided by the government but does alert employers that some employees’ employment authorization may be shortened.

Summary of the Termination of the CHNV Parole Programs

DHS has announced the termination of the categorical parole programs for “inadmissible aliens” from Cuba, Haiti, Nicaragua, and Venezuela. The DHS position is that this decision and guidance is in line with Executive Order 14165, Securing Our Borders, issued by President Trump, which directs the termination of all categorical parole programs that are contrary to the policies of the United States. The temporary parole period for aliens under these programs will end 30 days after publication (anticipated to be April 24, 2025), unless an individual determination is made otherwise.

Stated Implications for Affected Individuals

• Current Parolees. The parole of aliens under the CHNV programs will terminate 30 days after the publication date unless an individual determination is made otherwise. Parolees without a lawful basis to remain in the United States must depart before their parole termination date.
• Employment Authorization. Parole-based employment authorization will automatically terminate upon:
  • The expiration date specified on the employment authorization document.
  • The institution of removal proceedings.
  • The grant of voluntary departure.
  • DHS confirms that after termination of the parole, the condition upon which the employment authorization was granted no longer exists and that DHS intends to revoke parole-based employment authorization consistent with 8 C.F.R. § 274a.14(b). Based on the stated goal of the Administration, work authorization would also end on April 24, 2025, but DHS noted that it intends to follow revocation of the employment authorization procedures pursuant to Section 274a.14(b), which means DHS may do so upon notice to the worker via their accounts or otherwise via written notice.

Implications for Employers

DHS provides notice to employers that some workers may receive revocation of their work authorization sooner than anticipated but does not compel proactive termination of the workers: “[p]arole-based employment authorization … automatically terminates upon … the expiration date specified on the employment authorization document,” among other provisions. But since employers are not in a position to know when some of the other provisions listed may be triggered (such as when removal proceedings are initiated against a worker or when a worker has been granted voluntary departure), it is unlikely that the notice constitutes a mandate for employers to terminate all workers who fall into this category of parolees within 30 days of March 25, 2025. Employers should anticipate that parolees subject to the termination of their status under this provision may notify the employer that the worker’s authorization to work for the employer for the duration previously anticipated has now been shortened.

We will monitor additional announcements for any clarification the administration supplies and provide updates accordingly.

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