On May 30, for the second time in two weeks, the U.S. Supreme Court has ordered that the U.S. Department of Homeland Security can proceed with termination of a humanitarian program, this time for parolees from Cuba, Haiti, Nicaragua, and Venezuela (“CHNV parolees”). Eleven days earlier, the court allowed the termination of the temporary protected status (TPS) designation for Venezuelan immigrants who applied in 2023. The termination of both programs will continue to be litigated in lower courts. The two Supreme Court orders merely state that the workers will not be protected while the litigation proceeds, meaning that DHS could go ahead with removal proceedings.

The number of CHNV parolees is estimated to be 532,000 workers. TPS Venezuela is estimated at 350,000 workers. Employers want to make sure that they do not continue to employ unauthorized workers; however, they must wait for DHS to advise what it intends to do with each program now that the Supreme Court has given permission to proceed.

Venezuelan workers with employment authorization documents (EADs) expiring April 2 received an automatic extension through April 2, 2026, and therefore may continue to work. Employers should monitor the U.S. Citizenship and Immigration Services website for changes.

DHS has yet to provide guidance regarding CHNV parolees. Individual parolees may be notified, through the myUSCIS account that they used to apply for parole, that their EADs will be revoked in 15 days. Employers that participate in E-Verify, the federal government’s employment eligibility verification system, will be notified through account alerts of affected employees. Employers that use a web services provider for electronic Forms I-9 verification might be notified only by the supplier and must check with the supplier for updates.