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DHS terminates TPS for Burma (Myanmar)

  1. Original Date Announced

    November 25, 2025

    DHS Secretary Noem terminates the designation of Burma (Myanmar) for Temporary Protected Status (TPS), which was set to expire on November 25, 2025. Secretary Noem determined that there are no longer "conditions [that] hinder the safe return of aliens who are nationals of Burma to the country" and that it is "contrary to the national interest to permit Burmese nationals (or nationals having no nationality who last habitually resided in Burma) to remain temporarily in the United States." In particular, the notice cites Proclamation 10949, explaining that "an extension of Burma's designation for Temporary Protected Status would be in conflict with the President's directive of fully restricting the entry of Burmese nationals, and would be contrary to the national interest as the Secretary of State identified Burma as a country deficient in screening and vetting as well as a country that has taken advantage of the United States in the exploitation of our visa system."

    The TPS designation for Burma terminates on January 26, 2026.

    2025.11.25 USCIS - Termination of the Designation of Burma (Myanmar) for TPS
  2. Effective Date

    January 26, 2026
  3. Subsequent Trump and Court Action

    November 25, 2025

    2025.11.25 USCIS - Secretary of Homeland Security Announces Termination of Designation of Burma for Temporary Protected Status, EADs Expire on January 26, 2026

    USCIS announced that Employment Authorization Documents (EADs) with a category A12 or C19 issued under a prior TPS designation of Burma expire on January 26, 2026. It states that employers must reverify TPS Burma beneficiaries who presented these EADs before they start work on January 27, 2026.

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  4. Subsequent Trump and Court Action

    December 19, 2025

    2025.12.19 Complaint - Doe v. Noem

    A group of Burmese nationals and TPS holders filed a class action suit to challenge the Trump administration’s termination of Burma's TPS designation. The complaint alleges that the termination was made in violation of the TPS statute, as the decision was predetermined based on the government’s political agenda rather than the statutorily-required objective country conditions review and consultation process. It also alleges that the decision to terminate Burma’s TPS designation intentionally discriminates against plaintiffs because of their race, ethnicity, or national origin. Plaintiffs claim that the government's actions violate the APA and the Fifth Amendment’s equal protection guarantee. Doe v. Noem, No. 1:25-cv-15483 (N.D. Ill.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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  5. Subsequent Trump and Court Action

    January 23, 2026

    2026.01.23 Order Postponing Termination of TPS for Burma - Doe v. Noem

    Judge Matthew F. Kennelly of the U.S. District Court for the Northern District of Illinois issued an opinion postponing the effective date of DHS's termination of TPS for approximately 3,670 Burmese nationals. The court found significant evidence that Secretary Noem’s decision was arbitrary and capricious in violation of the APA, noting that DHS failed to properly consider the ongoing civil war and humanitarian crisis in Myanmar. Judge Kennelly further ruled that the termination appeared to be a predetermined action intended to advance a broader administration goal of eliminating TPS generally, rather than an evaluation of changed conditions within the country. Doe v. Noem, No. 1:25-cv-15483 (N.D. Ill.).

    **Link to case here. See litigation note above**

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Current Status

None

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: TPS
Agencies Affected: USCIS

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