By: Dawn Lurie, Alexander Madrak, and Owen Wolfe

In a 7–2 decision issued by the U.S. Supreme Court on May 30^th (with Justices Jackson and Sotomayor dissenting), the Court granted the federal government’s request to stay the district court’s injunction that had blocked the termination of the CHNV (Cuba, Haiti, Nicaragua, and Venezuela) Humanitarian Parole program. However as of now, there is still no guidance on how the Department of Homeland Security (DHS) will operationalize this decision. Moreover, the Massachusetts district court overseeing the underlying case recently issued an order to prohibit DHS from suspending applications submitted by CHNV parolees for benefits like Employment Authorization Documents (EADs) and directed DHS to file a report, by June 9, 2025, explaining how it was complying with that order. The district court appears to believe that DHS cannot hit the pause button on parolees’ benefits applications notwithstanding the Supreme Court’s stay order. The plaintiffs in this case had filed a motion on Thursday requesting an order to show cause hearing, after several applicants reported that the U.S. Citizenship and Immigration Services’ (USCIS) website continued to display their applications as being under “administrative hold.”

What This Means

The Supreme Court’s stay means that the Biden-era CHNV parole program can now be terminated by DHS, pending a final decision by the First Circuit Court of Appeals on the merits — and potentially a certiorari petition to the Supreme Court after this. In the meantime, however, the district court proceedings continue and the district court is requiring DHS to adjudicate the parolees’ applications for EADs and other benefits.

This mirrors the Court’s handling of the Venezuela TPS case, where the district court’s order was also stayed pending appellate review, but the district court nonetheless ordered that DHS could not revoke EADs and other immigration documents. In both cases, the government is now permitted to move forward with its termination plans. We recently wrote an update about the Venezuela TPS case, and the post is here.

Implementation Still Unclear

The Administration’s original termination date of April 24, 2025, has already passed. As a result, DHS must now determine how to operationalize the termination. Employers are interested in learning if work authorization is already terminated for this population or if any grace period will be considered. The district court’s order requiring that DHS adjudicate pending EAD applications and similar applications adds to the confusion.

Given the Administration’s statement on the termination of the program, and absent further judicial rulings, it is likely that DHS will consider the EADs to be invalid fairly quickly, and it seems likely to deny the pending applications that the district court has ordered DHS to adjudicate.

This creates a period of uncertainty, much like what we have seen in the Venezuelan TPS context. Employers and parolees alike we left waiting for clarity on how the government will proceed.

Late Friday evening, USCIS posted on the CHNV litigation: “With this decision, DHS may proceed with terminating parole granted under the CHNV parole programs and with revoking any employment authorization based on being paroled under the CHNV parole programs. Aliens whose parole is terminated and whose employment authorization is revoked will receive notification in their myUSCIS account.”

Employer Takeaways

While the USCIS update did not speak as to whether employers will receive any direction from USCIS, we expect broader guidance later this week. Without direction employers will face a significant challenge in identifying members of the CHNV population within their workforce. It is likely that E-Verify employers will receive case alerts regarding CHNV employment authorization terminations for current (and prior) employees. For those who do not participate in E-Verify or who do not retain copies of employee documents, there is often no way to connect an individual employee to the CHNV parole program. Absent any direction from USCIS—or a reverification of all employees who presented EADs valid through the end of January 2027—employers have no reliable means of identification. This uncertainty, combined with fear sparked by recent DHS statements on the SCOTUS ruling – “With this decision, DHS can once again start removing illegal aliens under the disastrous CHNV parole programs as the case progresses” – has left employers concerned that they may be inadvertently swept up in enforcement efforts if Immigration and Customs Enforcement (ICE) begins targeting individuals associated with the CHNV program. In the absence of clear guidance, employers are left vulnerable, uncertain how to remain compliant while avoiding entanglement in immigration enforcement.

Where possible, employers should begin identifying employees who may be affected by the CHNV parole termination. They should be prepared to act when learning about revoked work authorization and may wish to begin planning for potential workforce disruptions, including identifying replacement labor and initiating training efforts. Taking proactive steps now should assist in mitigating operational impacts if the program is rolled back.

However, identifying affected employees may not be feasible in many cases, and the ability to take proactive steps will depend on the tools and information available to the employer. While it remains unclear how employers will be able to identify employees who may lose work authorization due to the termination of CHNV parole, in some cases, employers will receive direct notification.

We expect that direct E-Verify users will eventually receive case alerts in their accounts notifying them of work authorization terminations for CHNV parolees. When such an alert is received, the employee must be given an opportunity to present an alternative basis for work authorization to continue employment. For employers who access E-Verify through web services, including those using electronic I-9 systems, USCIS is working to implement a self-service protocol that will allow vendors to obtain similar information on behalf of their clients. This will help ensure consistent access to critical compliance data across different E-Verify access methods.

Legal counsel should be consulted on how to move forward as well as ensure compliance with I-9 and E-Verify requirements during this transitional period.

We have encouraged DHS to release operational guidance, and we will continue to monitor and report on developments, including updates from the district court, as they unfold.