Foreign nationals and their employers face growing uncertainty and confusion as the Trump Administration continues to end several categories of employment authorization connected to temporary humanitarian immigration programs, such as humanitarian parole and “Temporary Protected Status” (TPS). In some cases, the Trump Administration has revoked work authorization prior to a document’s expiration date, making compliance difficult for employers.
Verification of employment authorization is governed by the I-9 rules and procedures. The I-9 rules require employers continue to have the responsibility for confirming that new hires are work authorized and that employees remain work authorized at the time of reverification. Immigration law also requires individuals to work only with authorization.
This LEGALcurrents explains what measures foreign nationals and their employers should take to avoid unauthorized employment of a humanitarian parolee or TPS holder who is no longer authorized to work and provides a general overview of recently affected programs.
Action Items for Employers:
- Have a system in place that tracks the expiration of temporary work authorization, for example, an employment authorization document (EAD) which has an expiration date.
- Carefully consider whether having a policy to make and keep – for all employees – copies of documents presented during the I-9 process is the right option for your company. Seek legal counsel before changing or adopting such a policy to ensure it is the best option for your organization and does not violate any non-discrimination rules.
- For the fast-changing status of humanitarian-based programs, seek legal counsel to determine what controls the work authorization expiration date based on the latest developments.
- If you are an E-Verify employer, create a procedure where you routinely access the “E-Verify Status Change Report” to ensure compliance with the I-9 rules.
- Continue to abide by all non-discrimination rules for confirming work authorization and compliant I-9 processes and procedures.
- Speak to qualified legal counsel about strategies for setting up I-9 systems and how to best navigate the legal jungle of work authorization expirations, extensions and full terminations for employees in affected immigration programs.
It’s a Question of Knowledge:
Employees may present any combination of acceptable documents during the I-9 verification process, and there is no legal obligation for a new hire to explain the basis of their work authorization. Similarly, existing employees are not required to proactively report the loss of their work authorization to their employer. In addition, the new practice of early termination of work authorization programs creates significant confusion and chaos and potential liabilities for employers.
If the employer does not keep up with the latest developments and guidance related to such humanitarian program terminations and the revocation of related work authorization they could be in violation of the I-9 rules, which in turn can lead to civil and criminal penalties for knowingly employing an individual without work authorization. An employer can violate these rules without actual knowledge, if the government deems that the employer should have known. This is called “constructive knowledge.”
Constructive knowledge can exist when an employer lacks actual awareness but is treated as knowing something, because a reasonable person in the employer’s position would have known it. In other words, an employer may not deliberately remain ignorant or avoid acquiring knowledge to avoid liability.
For example, employers enrolled in E-Verify now have access to an “E-Verify Status Change Report” in their portal. This report conveys revocation of any EAD, with E-Verify case number and any “Alien” number. It is expected that DHS will take the position that access to such an E-Verify report leads to “constructive” knowledge of the employer that work authorization for certain employees has ended due to EAD revocations. thereby triggering the need for continuous review of the E-Verify account and reverification of work authorization.
Stuck Between a Rock and a Hard Place:
Employers must stay current of the latest developments to ensure compliance with I-9 rules, the same employers must be careful to not violate anti-discrimination rules. Employers are prohibited from discriminating against individuals based on national origin, citizenship, or immigration status. For example, requiring employees to take action beyond the standard I-9 reverification steps is likely in violation of these rules. Employers must walk a fine line to satisfy I-9 requirements while not violating anti-discrimination rules. Qualified legal counsel can help employers navigate these seemingly competing requirements.
Recently Affected Temporary Humanitarian Immigration Programs (up-to-date through August 2025 – subject to additional litigation):
| Program Name and EAD code | Program Termination Date | EAD End Date Based on Revocation |
| CHNV Parole (Cuba, Haiti, Nicaragua, Venezuela) – C11 | Litigation is ongoing. Initially April 24, 2025 and after litigation upheld again on May 30, 2025 and re-affirmed by the Department of Homeland Security on June 12, 2025 | June 12, 2025 |
| TPS Afghanistan – A12 or C19 | July 14, 2025 | July 14, 2025 |
| TPS Venezuela – A12 or C19 |
Litigation is ongoing. For fact-specific inquiries, see: |
Either:
|
| TPS Haiti – A12 or C19 | September 2, 2025, but blocked by federal judge on July 15, 2025, so once again February 3, 2026 | February 3, 2026 |
| TPS Cameroon – A12 or C19 | August 4, 2025 | August 4, 2025 |
|
TPS Nepal – A12 or C19 |
November 18, 2025 based on ongoing litigation |
November 18, 2025 |
|
TPS Nicaragua – A12 or C19 |
November 18, 2025 based on ongoing litigation | November 18, 2025 |
| TPS Honduras – A12 or C19 | November 18, 2025 based on ongoing litigation | November 18, 2025 |
Conclusion:
Employers must take steps to stay informed on humanitarian immigration program terminations and the particular work authorization data of employees in such programs, while avoiding discrimination based on national origin or related factors. In particular due to the new E-Verify Status Change Report that identifies employees with revoked EADs and requires employers to “regularly” review aggregated case data for any employees who presented an EAD at the I-9 stage.
If you want more information about your rights or to learn if you might be eligible for immigration benefits or relief, contact any member of the HSE Immigration practice group.
Visit HSE’s Trump Administration Immigration Updates resource page for additional resources and insights.