Trent Cotney, Partner, Adams & Reese, LLP and FRSA General Counsel - December 2025
Across the roofing industry, contractors are quietly facing a workforce issue with serious legal implications involving longtime employees who were previously authorized to work in the United States and are now losing their status through either expiration or termination of the Temporary Protected Status (TPS) designation or the humanitarian parole programs
under which they were admitted. From the termination of the CHNV (Cuba, Haiti, Nicaragua, Venezuela) parole program to the revocation of the October 2023 TPS designation for Venezuela, employers must navigate complex and rapidly changing immigration dynamics while maintaining compliance with employment eligibility laws.
Unlike undocumented entrants who never received authorization, TPS and parole beneficiaries often built years of work history under valid federal protection. Many have tax records, driver’s licenses and other evidence of lawful employment during their authorized period. When DHS phases out specific designations or revokes parole status, those individuals may suddenly become unauthorized through no wrongful act of their own and employers are left to address the potential liability and operational disruption.
TPS is a humanitarian designation granted to nationals of certain countries experiencing armed conflict, natural disaster or other extraordinary circumstances that temporarily prevent safe return. It authorizes lawful presence and employment through an Employment Authorization Document (EAD). Parole programs (such as the CHNV program for nationals of Cuba, Haiti, Nicaragua and Venezuela) allow individuals to enter and work in the U.S. for a limited duration under humanitarian or public-interest grounds. The U.S. Department of Homeland Security (DHS) recently terminated the CHNV parole program, sending notices to beneficiaries that their status and their parole-based work authorization is revoked effective immediately.
For roofing employers, this means an employee who was fully authorized yesterday may become unauthorized today. DHS treats the loss of valid authorization as any other case of unauthorized employment, even if the employer acted in good faith when the worker was initially hired.
Under federal law, every employer must verify identity and work authorization of all employees using Form I-9. Employers must update Section 3 of the I-9 when an employee’s authorization has an expiration date. If a worker’s documentation expires and no new authorization is provided, the employer must terminate employment or risk penalties for continuing to employ an unauthorized worker.
With the recent terminations of TPS or parole status, roofing contractors face heightened risk: they may not rely solely on the fact that the worker presented valid authorization when hired. They must monitor ongoing status changes. In the case of the Venezuela TPS revocation, DHS took action to terminate the October 2023 designation effective April 7, 2025.
Failing to timely reverify can trigger civil fines, criminal exposure in repeated cases and even debarment from public work. Contractors on federal or public projects should pay particular attention, since DHS and other agencies increasingly cross-reference payroll and certify payroll information to flag inconsistencies.
For many roofing contractors, this issue is not academic. Workers who have been on crews for years may lose their EADs on short notice. Projects that depend on specialized crews, especially those trained in safety and manufacturer installation protocols, may suffer sudden labor disruptions.
Contractors must balance compassion with compliance. Continuing to employ a worker whose authorization has expired, even temporarily, can expose the company to substantial risk. At the same time, abrupt terminations create morale, retention and reputational problems. The key is advance planning, transparent communication and consistent documentation.
1. Track expiration and termination dates proactively. Maintain a confidential log of work-authorization expiration dates, status redesignations and parole terminations; review the monthly log and provide reminders to affected employees at least 90 days in advance of any anticipated change.
2. Establish a reverification policy. Your written policy should mirror federal requirements and state that employment cannot continue if valid documents are not produced or status is revoked.
3. Avoid over-documentation or discrimination. Do not request specific immigration documents or ask about nationality. Employers may only ask for acceptable documents under Form I-9 instructions. Do not treat employees differently because of country of origin or program status.
4. Communicate with sensitivity. When advising an employee about upcoming status expiration or termination, avoid discussing the reason for their status. Simply inform them that employment must cease if updated authorization is not submitted by a specific date.
5. Consult legal counsel. With the recent terminations of large programs such as the CHNV parole program and the Venezuela TPS revocation, it may be wise to consult immigration counsel about whether any affected employees may be eligible for alternative status and to ensure your compliance systems keep pace with policy changes.
In an audit, DHS will review I-9 records for expired documents and evidence of whether the employer followed a uniform procedure when authorization was lost. Contractors should keep copies of their policy, logs of status monitoring, termination letters (when applicable) and avoid communications that treat similarly situated employees differently. Employers who demonstrate proactive, consistent processes are in a stronger position to defend themselves.
Immigration policy is rapidly evolving and roofing contractors should expect continued turbulence in workforce authorization. The termination of parole for Cubans, Haitians, Nicaraguans and Venezuelans and the revocation of the TPS designation for Venezuela illustrate the speed at which status can change. Employers cannot treat authorization as static. Instead, they must monitor and act.
In the coming year, contractors should look for DHS guidance on electronic I-9 recordkeeping, digital reverification and further work authorization redesignations. While policy uncertainty remains, employers who adopt structured compliance systems, treat affected workers fairly and stay abreast of developments will be best positioned to minimize liability and
preserve workforce integrity.
The bottom line: you cannot control immigration policy but you can control preparedness. By maintaining current records, verifying status in good faith and acting consistently, roofing employers can navigate the risk of status expirations or terminations without compromising operational stability or legal compliance.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Trent Cotney is a Partner and Construction Team Leader at the law firm of Adams & Reese, LLP
and FRSA General Counsel. You can reach him at 866-303-5868 or email trent.cotney@arlaw.com.