As stated in our May 30th client alert (linked to the right), the U.S. Supreme Court issued a decision allowing the Trump Administration to end the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) Humanitarian Parole program. As an update, the U.S. Department of Homeland Security (DHS) has started issuing notices of terminations to individuals in the United States on the CHNV Humanitarian Parole program.
Please see an example of the termination notices below:
What does this mean for individuals on CHNV Humanitarian Parole?
Unless these individuals have applied for another lawful status such as Temporary Protected Status (TPS), Asylum, or another program, they are now subject to removal from the U.S. If your organization has a worker who is impacted, we recommend that the worker reach out to an immigration lawyer that specializes in representing foreign national individuals right away to discuss their options before making any decisions.
What does this mean for employers?
According to the termination letters issued by DHS, CHNV workers no longer have valid work authorization – unless they have another valid work authorization/status. Therefore, if your organization employs individuals whose I-9 paperwork was completed based on the CHNV program, you have an obligation to reverify (CHNV individuals will have Cuban, Haitian, Nicaraguan, or Venezuelan citizenship and have an Employment Authorization Document (EAD) in the C11 category).
Workers on CHNV without alternative work authorization should cease all work at your organization. An organization has the option of placing workers on unpaid leave in lieu of termination; however, we recommend seeking the advice of an employment attorney to discuss these options. In short, these workers can no longer work for your organization.
Please do not hesitate to reach out with any questions.
Thank you,
Keith and the Pabian Law Team