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On May 12, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem announced that she will not renew Afghanistan’s Temporary Protected Status (TPS) designation, meaning that the designation, including work authorization documents, will expire July 12, 2025.

Secretary Noem said, “Afghanistan has had an improved security situation, and its stabilizing economy no longer prevent them from returning to their home country. Additionally, the termination furthers the national interest as DHS records indicate that there are recipients who have been under investigation for fraud and threatening our public safety and national security. Reviewing TPS designations is a key part of restoring integrity in our immigration system.”

Prior to publication of the May 13 DHS notice in the Federal Register (which provides a July 14, 2025 termination date), Citizens Assisting and Sheltering the Abused (CASA) de Maryland, an immigrant advocacy group, filed suit on May 7, 2025 in U.S. District Court for the District of Maryland to prevent termination of Afghanistan TPS and Cameroon TPS in anticipation of a Federal Register notice being published terminating TPS for both countries.

In its complaint, CASA states, “A TPS designation cannot be terminated in this manner.… Instead, Congress established a strict process for terminating TPS designations, one that required [DHS] Secretary [Kristi] Noem to publish notice of her decision in the Federal Register at least 60 days before the current designation period ends.… The statute further prescribes what happens when the Secretary fails to follow that process: the TPS designation is automatically extended for at least another six months.”

The group also said the decision was made in part based on “racial animus,” pointing to plans to lift protections for immigrants from non-white nations, while opening the refugee program to Afrikaners in South Africa.

Similar legal challenges were brought against Secretary Noem’s efforts to terminate TPS for Haiti and Venezuela. (See New Lawsuit Challenges Trump Administration’s Termination of TPS for Haiti and Venezuela and Judge Blocks DHS Secretary Noem’s Termination of Venezuelan TPS.)

Jackson Lewis attorneys will continue to monitor the situation and provide updates.

On April 11, 2025, DHS sent a Notice of Parole Termination to individuals who utilized the Biden-era online appointment CBP One App to enter and stay in the United States on Humanitarian Parole while applying for asylum.

Previously, after attending an appointment at the U.S.-Mexico border, individuals were paroled into the United States for an initial period of two years. Once in the United States, individuals were eligible to apply for work authorization. Approximately 900,000 individuals entered the United States using the CBP One App. DHS has not revealed how many individuals have received the April 11, 2025, termination notice.

The termination notice directs individuals who have not obtained an immigration status other than parole to depart the United States within seven days or risk removal.

The notice states that recipients can utilize the new CBP Home App to arrange for their departure from the United States.

The announcement is the most recent of several DHS decisions terminating other programs including Temporary Protected Status (TPS) for Venezuelan and Haitian nationals, and the CHNV Humanitarian Parole program. Termination of TPS and CHNV parole have been temporarily enjoined as part of ongoing federal litigation. Judge Edward Chen, a district court judge in the Northern District of California, has issued a ruling halting the termination of Venezuela TPS. In response to the ruling, DHS has announced that Venezuela TPS has been automatically extended until Oct. 2, 2026, for individuals who registered under the 2023 designation, and until Sept. 10, 2025, for individuals who registered under the 2021 designation. Judge Indira Talwani, a district court judge in the District of Massachusetts, has issued a ruling halting the termination of Humanitarian Parole for citizens of Cuba, Haiti, Nicaragua, and Venezuela, also known as the CHNV program. Accordingly, an individual’s parole can only be terminated prior to their expiration date based on a case-by-case review.

Individuals paroled into the United States under the CBP One App who are not otherwise covered by the ongoing Venezuela or Haitian TPS or CHNV litigation should consult with an immigration attorney before making plans to depart the United States.

U.S. District Court Judge Indira Talwani issued an order on April 14, 2025, blocking DHS’s March 25, 2025, decision to terminate Humanitarian Parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela paroled into the United States under the CHNV program. The judge also certified the case as a class action.

The CHNV program allows approximately 450,000 people to live and work legally in the United States. On March 25, 2025, DHS announced that it was terminating, as of April 24, 2025, the CHNV program and revoking work authorization issued under the program.

Pursuant to Judge Talwani’s order, DHS has been enjoined from terminating CHNV parole for all beneficiaries by Federal Register notice. While the order is in effect, CHNV beneficiaries’ humanitarian parole and related work authorization document will expire on the date listed on the humanitarian parole approval notice/I-94 and related work authorization document. Judge Talwani’s ruling specifies that DHS cannot revoke a CHNV beneficiary’s humanitarian parole and related work authorization prior to the stated expiration date without a review of the beneficiary’s individual case.

Finally, the ruling states that all CHNV revocation notices sent to CHNV beneficiaries are stayed pending further court order.

Judge Talwani stated that DHS’s decision to terminate the CHNV program will force CHNV beneficiaries to “choose between two injurious options: continue following the law and leave the country on their own, or await removal proceedings.… The first option will expose Plaintiffs to dangers in their native countries.… The second option will put Plaintiffs at risk of arrest and detention and, because Plaintiffs will be in the United States without legal status, undermine Plaintiff’s chances of receiving other forms of immigration relief in the future – potentially permanently.”

Jackson Lewis attorneys will provide updates as additional information becomes available.

On Apr. 10, 2025, U.S. District Court Judge Indira Talwani stated her intention to block DHS’s Mar. 25, 2025, decision to terminate Humanitarian Parole for individuals from Cuba, Haiti, Nicaragua, and Venezuela, also known as the CHNV program. The program allows approximately 450,000 people to live and work legally in the United States. It is set to expire on Apr. 24, 2025.

During an Apr. 10, 2025, hearing in a case brought by parolees and their U.S. sponsors to stay termination of the CHNV program, Judge Talwani said, “I am going to issue an order staying the revocation of parole under the Federal Register Notice and of people’s individual parole.” The judge stated that she is unlikely to block the Trump Administration from canceling the program going forward.

Judge Talwani called DHS’s decision to terminate the CHNV program a “Hobson’s choice” where “your parole gets ended, and you either go back to the country you fled … or they stay here in illegal status, at which point they lose all opportunity to adjust their status legally.”

Judge Talwani continued, “I don’t understand the reason … to say ‘No, that’s not enough for people who have been following the law, but instead we want to make them illegal now. We want to make them flee the country.’”

Although the judge is considering certifying the case as a class action, saying “there’s a sufficient basis” to certify a class of immigrants from Cuba, Haiti, Nicaragua, and Venezuela, she declined to issue an order requiring DHS to notify parolees of the ruling. On that, she stated, “I am trying to stay in my lane and address the problem that’s been created here. I don’t want to throw out the baby with the bathwater because I’m awarding more than I have jurisdiction to do.”

Department of Justice attorney Brian Ward argued that DHS Secretary Kristi Noem has discretion to cancel the CHNV program at any time. Plaintiffs’ attorney Justin Cox contends that DHS’s rationale to ending the CHNV program (to subject former parolees to expedited removal to enable DHS to deport them without a hearing before an immigration judge) is a clear example of legal error and grounds to block termination of the CHNV program.

Jackson Lewis attorneys will provide updates as additional information becomes available.

Recission of Temporary Protected Status (TPS) for approximately 350,000 Venezuelans has been halted temporarily. U.S. District Court Judge Edward Chen’s Order applies to Venezuelans who registered for TPS under the Oct. 3, 2023, designation of Venezuela for TPS. National TPS Alliance, et al. v. Noem, et al., No. 25-cv-01766 (N.D. Cal. Mar. 31, 2025).

Before the issuance of the Order, these individuals faced the loss of their TPS-based work authorizations on April 2 and the expiration of TPS itself on April 7. They will now remain in TPS and authorized to work for the duration of the court order.

The Order gives DHS one week to file notice of appeal and the plaintiffs one week to file a motion to postpone Secretary Kristi Noem’s decision to rescind Haiti’s TPS designation, currently set to expire Aug. 3, 2025.

Judge Chen found Secretary Noem’s recission of Venezuela’s TPS designation a violation of the Administrative Procedure Act (APA) and the Equal Protection Clause of the 14th Amendment.

Judge Chen wrote that Secretary Noem’s recission of Venezuela’s TPS designation “threatens to: inflict irreparable harm on hundreds of thousands of persons whose lives, families, and livelihoods will be severely disrupted, cost the United States billions in economic activity, and injure public health and safety in communities throughout the United States.”

He stated that DHS had failed to identify any “real countervailing harm in continuing TPS for Venezuelan beneficiaries” and that plaintiffs will likely succeed in showing that Secretary Noem’s decision is “unauthorized by law, arbitrary and capricious, and motivated by unconstitutional animus.”

The Order does not address Secretary Noem’s Mar. 25, 2025, announcement that humanitarian parole, and related work authorizations, for citizens of Cuba, Haiti, Nicaragua, and Venezuela (also known as the CHNV program) will expire on April 24, 2025, or the expiration date of individuals’ humanitarian parole, whichever occurs first.

Jackson Lewis attorneys are available to answer questions and will continue to provide updates.

Department of Homeland Security (DHS) Secretary Kristi Noem announced the termination of humanitarian parole for citizens of Cuba, Haiti, Nicaragua, and Venezuela, also known as the CHNV program, in the Federal Register on March 25, 2025. Humanitarian parole for citizens of these countries will expire no later than 30 days from March 25, 2025, or April 24, 2025.

CHNV beneficiaries who did not file some other immigration benefit application prior to publication of the termination notice must depart the United States on or before April 24, 2025, or the expiration of their humanitarian parole, whichever date is sooner. DHS will prioritize removal of CHNV beneficiaries without pending immigration applications who remain in the United States beyond the expiration of their humanitarian parole.

DHS has determined that, after termination of the parole, the condition upon which employment authorizations were granted no longer exists, and DHS intends to revoke parole-based employment authorizations.

The CHNV program was instituted by DHS under former President Joe Biden. It allowed citizens of Cuba, Haiti, Nicaragua, and Venezuela who obtained U.S. financial sponsors to enter the United States by humanitarian parole for up to two years. Once in the United States, parolees could apply for work authorization. Humanitarian parole was renewable, however, on Oct. 4, 2024, the Biden Administration announced it would not renew the program. About 530,000 individuals benefited from the CHNV program.

Seeking to enjoin termination of the program, on Feb. 28, 2025, Haitian Bridge Alliance and several individuals affected by the termination of the CHNV program filed a lawsuit in U.S. District Court for the District of Massachusetts, alleging violations of the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment. The lawsuit is pending.

Operation Allies Welcome, the humanitarian parole program for Afghanis who assisted U.S. forces during the war in Afghanistan, and Uniting for Ukraine, the humanitarian parole program for individuals fleeing the war in Ukraine, are unaffected by the latest announcement.

Please contact a Jackson Lewis attorney with any questions.

The Trump Administration is reportedly finalizing a new travel ban that will prohibit or severely limit the citizens of more than 40 countries from entering the United States.

On Jan. 20, 2025, President Donald Trump signed an executive order (EO) aimed at enhancing vetting procedures. This EO directed the secretary of state, the attorney general, the secretary of homeland security, and the director of national intelligence to jointly submit a recommendation to the president for suspending entry of migrants from “countries of particular concern” within 60 days. The recommendation is expected to be submitted to President Trump soon.

President Trump reportedly is considering implementing a new travel ban that could affect citizens from up to 43 countries. This proposed ban, often referred to as “Trump 2.0 Travel Ban,” is an expansion of the original travel ban from 2017, which primarily targeted seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.

Historical Context

Trump’s 2017 travel ban (Executive Order 13769) targeted Muslim-majority nations and faced significant legal challenges before being upheld by the U.S. Supreme Court in 2018.

Current Developments

An internal administration memo reportedly suggests the inclusion of more countries in the new travel ban. The new ban appears to be a continuation of Trump’s immigration policies aimed at protecting national security and public safety.

While the White House has yet to publicly comment on the reported memo, the proposed new travel ban is expected to have significant implications for global mobility, international collaboration, and U.S. companies. Here are some of the main points:

  • Affected Countries

The proposed ban includes a tiered system with three categories: Red, Orange, and Yellow.

  • Citizens of countries listed in the “RED” category would be completely barred from entering the United States: Afghanistan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

  • Citizens of countries listed in the “ORANGE” category would face higher scrutiny and would be subjected to “Mandatory in-person interviews” in order to receive a visa: Eritrea, Haiti, Laos, Myanmar, and South Sudan.

  • Countries listed in the “YELLOW” category would be given 60 days to address concerns from the administration or risk being moved to the other categories: Angola, Antigua and Barbuda, Belarus, Benin, Bhutan, Burkina Faso, Cabo Verde, Cambodia, Cameroon, Chad, Democratic Republic of the Congo, Dominica, Equatorial Guinea, Gambia, Liberia, Malawi, Mauritania, Pakistan, Republic of the Congo, Saint Kitts and Nevis, Saint Lucia, Sao Tome and Principe, Sierra Leone, East Timor, Turkmenistan, and Vanuatu.
  • Impact on Employers and Employees

The ban is expected to affect many employers and their employees’ global mobility. Nationals of the restricted or banned countries who are outside the United States when the ban is announced may be unable to return, even with a valid visa stamp. Employees or business visitors from highly restricted countries will face rigorous visa application processes. Additionally, U.S. companies may need to restructure their global workforce, potentially losing international talent and facing higher business costs.

  • Legal and Implementation Challenges

The proposed ban includes different levels of restrictions, which appear to be calculated to deal with expected legal challenges or implementation challenges, including those related to the Equal Protection Clause of the 14th Amendment, due process, and discrimination, as seen with the 2017 travel ban.

As the administration finalizes the details, it is crucial to stay informed about the potential impacts and legal challenges that may arise.

Jackson Lewis attorneys will continue to follow this issue and provide updates on the new policies as they are enacted.

Haitian-Americans United, Inc., Venezuelan Association of Massachusetts, UndocuBlack Network, Inc., and four individual Haitian and Venezuelan migrants residing in Boston filed a lawsuit in U.S. District Court for the District of Massachusetts on March 3, 2025, challenging the Department of Homeland Security’s (DHS’s) decision to terminate Haitian and Venezuelan Temporary Protected Status (TPS). Haitian-Americans United Inc., et al. v. Trump, No. 1:25-cv-10498.

The latest lawsuit joins two existing suits filed in the U.S. District Court for the Northern District of California and the U.S. District Court for the District of Maryland on Feb. 20, 2025, challenging the termination of Venezuela TPS.

The suit alleges that DHS Secretary Kristi Noem lacked legal authority to vacate former DHS Secretary Alejandro Mayorkas’ July 1, 2024, decision to grant an 18-month extension of TPS for Haiti, and his Jan. 17, 2025, decision to grant an 18-month extension of TPS for Venezuela.

The complaint cites “dehumanizing and disparaging statements” that President Donald Trump has made against Haitian and Venezuelan migrants, including the claim that Haitians in Springfield, Ohio, were eating dogs and cats.

The suit further contends that the Trump Administration is discriminating against both groups of migrants based on race, ethnicity, or national origin in violation of the Fifth Amendment’s Equal Protection Clause.

In addition to violations of the Equal Protection Clause, the suit cites violations of the Administrative Procedure Act. It asks the court to declare that former DHS Secretary Mayorkas’ 18-month extensions of Haiti and Venezuela TPS remain in effect and to enjoin enforcement of Secretary Noem’s decisions to terminate Haiti and Venezuela TPS.

The plaintiffs request that the court issue an injunction “preliminarily and permanently” precluding DHS from implementing or enforcing the 2025 Haiti Vacatur, the 2025 Venezuela Vacatur, and the 2025 Venezuela Termination.  

Jackson Lewis attorneys will monitor developments and provide updates as they become available.

On Feb. 20, 2025, DHS Secretary Kristi Noem announced that Haiti’s Temporary Protected Status (TPS) designation will terminate on Aug. 3, 2025.

Work authorization documents based on Haitian TPS are now auto-extended only to Aug. 3, 2025, rather than Feb. 3, 2026.

On Feb. 24, 2025, the E-Verify program announced that I-9 forms for employees with an Employment Authorization Document (EAD) listing a Category Code of A12 or C19 (the codes for Haitian TPS) and an expiration date of Feb. 3, 2026, must be corrected to reflect an amended expiration date of Aug. 3, 2025.

Employers are instructed to enter the amended expiration date of Aug. 3, 2025, in the Additional Information field in Section 2 of the I-9 form and initial and date the correction.

Importantly, employers are not instructed to create new E-Verify cases for existing employees with work authorization documents based upon Haitian TPS that expire Feb. 3, 2026.

All employees with EADs listing the A12 or C19 Category Code with a Feb. 3, 2026, expiration must be re-verified using an alternative, acceptable I-9 document before they begin work on Aug. 4, 2025. A list of acceptable documents is available at Form I-9 Acceptable Documents | USCIS.

On Feb. 20, 2025, DHS Secretary Kristi Noem partially vacated a July 1, 2024, decision by former DHS Secretary Alejandro Mayorkas to extend the Temporary Protected Status (TPS) designation for Haiti for 18 months.

Secretary Noem has limited the extension to 12 months, expiring Aug. 3, 2025, instead of Feb. 3, 2026. Work authorization documents based upon Haitian TPS are auto-extended to Aug. 3, 2025, rather than Feb. 3, 2026.

If no decision is made to extend Haitian TPS beyond Aug. 3, 2025, the expiration will become final.

Two lawsuits were recently filed in response to Secretary Noem’s decision to terminate Venezuelan TPS. Similar legal challenges may be made to the decision to terminate Haitian TPS.

Jackson Lewis attorneys will continue to monitor the situation and provide updates.