National media outlets including Reuters and the Associated Press reported on April 10 that a federal judge intends to temporarily block a decision by the U.S. Department of Homeland Security (DHS) to terminate categorical parole programs that have authorized individuals from Cuba, Haiti, Nicaragua, and Venezuela (CHNV programs) to live and work in the U.S. temporarily.
These specific programs were established in 2022 and 2023 during the Biden Administration. Over the past two years, DHS has implemented processes through which individuals from these countries could request authorization to travel to the U.S. in order to be considered for parole. If granted, parole authorizes a temporary stay in the country and the ability to apply for work authorization, so long as applicants had a U.S. financial sponsor and passed security screenings.
Individuals who are paroled into the United States, including those paroled through the CHNV parole programs, may generally apply for and be granted employment authorization under the (c)(11) employment eligibility category.
DHS announced its termination of these programs in a March 25 notice in the Federal Register. The effect of this action is that the temporary parole period of individuals in the U.S. under the CHNV parole programs and whose parole has not already expired by April 24, 2025, will terminate on that date unless DHS makes an individual determination to the contrary.
However, the news reports state that Judge Indira Talwani, of the United States District Court for the District of Massachusetts, indicated that she will issue a temporary stay on this DHS action. DHS would have the right appeal this decision to a higher court.
A caveat is in order: LeadingAge has not yet seen a written order from Judge Talwani, but we will monitor this situation closely and provide additional details when they become available. We note also that the parole programs are separate from the Temporary Protected Status program LeadingAge has written about previously.