Federal Judge Stays Termination of Humanitarian Parole and Work Authorization Program for Cubans, Haitians, Nicaraguans, and Venezuelans

On April 14, 2025, a federal judge in in the District Court of Massachusetts halted the order issued by Department of Homeland Security Secretary Kristi Noem that revoked the humanitarian parole legal status and work authorizations for nationals from Cuba, Haiti, Nicaragua, and Venezuela. The order issued under Secretary Noem sought to terminate the program and associated benefits with an end date of April 24, 2025. With this stay order, the judge also certified a class of all individuals who have received a grant of parole that is subject to the termination that are still in the United States, and do not choose to opt out of the class in order to seek relief in separate litigation. 

The case is Doe v. Noem, 1:25-cv-10495 (D. Mass.)

Background

On January 5, 2023, the Biden administration announced its intent to provide “safe and orderly pathways to the United States” for up to 30,000 nationals of Cuba, Haiti, Nicaragua, and Venezuela. The administration cited its desire to “reduce unauthorized entries along [the southwest border]” as well as “addressing the humanitarian reasons” causing individuals to flee those four countries.

The new program, formally known as the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV), allowed certain individuals from these four countries who have a sponsor in the United States and who pass a background check to come to the United States for a period of two years to live and work lawfully, using a legal mechanism known as “humanitarian parole.” Further, an individual admitted into the United States on parole is able to apply for work authorization during the period of their authorized stay. Such individuals can obtain an Employment Authorization Document (EAD) with the category code: (c)(11).

On March 25, 2025, DHS published a Federal Register Notice announcing that, effective immediately, DHS “is terminating the categorical parole programs for inadmissible aliens from Cuba, Haiti, Nicaragua, and Venezuela.” Specifically, it stipulated that “[t]he temporary parole period of [individuals] in the United States under the CHNV parole programs and whose parole has not already expired by April 24, 2025, will terminate on that date unless the Secretary makes an individual determination to the contrary.” Such parolees were directed to depart the United States before April 24, 2025.

Several plaintiffs sued DHS Secretary Noem in Massachusetts district court seeking an immediate nationwide stay of the implementation of this latest order due to its immediate irreparable harm and constitutionality questions regarding the basis for Sec. Noem’s decision to terminate the program. On April 14, 2025, this stay request was granted by Massachusetts District Judge Indira Talwani.

Conclusion

Per the recent order from the Massachusetts district court, the termination of CHNV parole and its associated employment authorization benefits are stayed pending further decision from the court. For employers, this means that nationals from Cuba, Haiti, Nicaragua, and Venezuela who presented employment authorization documents under this program, category (c)(11), remain employment authorized until the end date listed on their documents. 

Individuals whose documents indicate an upcoming expiration date on their face must still be able to present proof of continued work authorization beyond their listed expiration date. However, the automatic termination of such parolee status and associated work authorization on April 24, 2025, is halted. If employers have already informed affected employees regarding the termination of their work authorization based on the prior DHS order, we recommend informing such employees regarding this issued stay order.

Be advised that this stay order is temporary while the final merits of the case are decided and the government is expected to appeal. Should there be any new developments concerning this matter and its effect on the employment authorization of CHNV parolees, be sure to check back here for updates.

Please reach out to your immigration counsel if you have any questions.