immigRationcompliance: What’ SthelateSt?
Labor & Employment Law Section
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Absent an alternative for legally remaining in the United States, approximately 530,000 CHnV parolees were told that they had until April 24, 2025, to leave the country. The announcement sent employers scrambling as they faced the prospect of losing considerable chunks of their workforce.
On April 14, 2025, the United States District Court in Massachusetts issued a preliminary injunction staying portions of the March 25th announcement. Specifically, the Court stated that the CHnV parolees would be permitted to remain in the United States for the period originally granted to them by the program.
The stay provides temporary relief. The long-term compliance landscape for employers, however, is complex. The back-and-forth between the Administration and the Courts makes planning difficult. Despite the stay order, compliance remains a focus of the Administration. This heightened scrutiny means that employers require additional resources to ensure that they are prepared for rapid change if the stay is lifted.
Temporary Protected Status Temporary Protected Status( TPS) is a discretionary protection granted to individuals who are unable to return to their home country safely as the result of ongoing armed conflict, hurricane, earthquake, epidemic, or other extraordinary temporary conditions. During a designated period, TPS holders are eligible to apply for employment authorization and are not removable from the United States, nor detainable based on immigration status alone.
The following countries currently hold TPS designation: South Sudan, Afghanistan, Cameroon, nepal, Honduras, nicaragua, Haiti, Venezuela( 2021), Syria, Burma, Ethiopia, Yemen, Somalia, El Salvador, Sudan, Venezuela( 2023), and Ukraine.
In February 2025, TPS protections for Venezuela under the 2023 designation— a designation that had previously been extended until October 2026 – were terminated. In March 2025, the U. S. District Court in San Francisco temporarily blocked the termination and reinstated the October 2026 expiration date. At almost the same time, the period of extension and redesignation of TPS for Haiti was reduced from 18 months to 12 months. Most recently, termination of TPS protections for Afghanistan and Cameroon were announced.
Absent TPS, hundreds of thousands will find themselves subject to removal. For many employers, this will result in a significant disruption to business operations resulting from a considerable loss of their workforce.
Conclusion
Immigration and compliance are rocky seas to navigate. Employers and individuals must stay up to date on immigration and compliance news. Failure to do so can result in fines for employers and removal from the country for individuals.
Author: Natalie McEwen – Ogletree Deakins
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