By: Dawn Lurie, Owen Wolfe, and Alex Madrak
In the ongoing narrative of the Trump administration’s attempt to repeal the Humanitarian Parole program for Cuba, Haiti, Nicaragua, and Venezuela (CHNV), on Monday, May 5th, the US Court of Appeals for the First Circuit denied the Department of Homeland Security’s (DHS) motion for a stay pending appeal. Practically speaking, this means the case is going to proceed to a briefing on the merits in the First Circuit. On Thursday, May 8th, DHS filed an emergency appeal to the Supreme Court (SCOTUS), seeking a stay from that Court instead, as the administration has done in other cases including the birthright citizenship case. SCOTUS could grant a stay, deny a stay, or hold an argument on the stay request – the latter being highly unusual, but again similar to what’s occurring in the birthright citizenship case. Regardless of what SCOTUS does or does not do, however, the merits of the case still have to be briefed and decided in the First Circuit.
As discussed in our prior blog on the matter, unless and until the district court’s ruling is stayed or reversed, the duration of a CHNV beneficiary’s parole and any associated employment authorization will revert to the terms previously granted by the government. For example, although the parole terms vary, an individual who received a two-year parole on December 31, 2023, would be able to remain in the United States legally until December 31, 2025, rather than until April 24, 2025, as directed by the current presidential administration. Given the uncertainty and complexity, some employers are taking proactive steps to review their workforce, identify possible CHNV parolees, and reverify work authorization where appropriate. These efforts aim to ensure operational continuity and legal compliance, though they may be challenging to execute.
In this rapidly evolving landscape, employers should continue to monitor developments closely, consult legal counsel as needed, and maintain flexibility in responding to changing guidance. Seyfarth will continue to monitor this litigation and provide updates as information becomes available.