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Thousands of Myanmar immigrants living legally in the U.S. are facing an uncertain future ahead of Jan. 26, the date that the Trump administration has set to terminate Temporary Protected Status (TPS) for Myanmar (Burma). The move would strip nearly 4,000 people of work authorization and protection from deportation unless intervened by the courts or Congress.

Last month, a group of Myanmar TPS holders and Myanmar American attorneys filed a federal class-action lawsuit challenging the Trump administration’s decision to terminate TPS, arguing that the move violates U.S. law and endangers lives. The lawsuit, filed on Dec. 19 by the Asian American Legal Defense and Education Fund (AALDEF) in the U.S. District Court for the Northern District of Illinois, seeks emergency relief to preserve deportation protection and work authorization for Myanmar nationals across the country.

At the same time, a bipartisan group of U.S. representatives introduced legislation to reinstate and redesignate Myanmar for TPS. On Jan. 12, Rep. Bill Huizenga, R-Mich., who is chair of the South and Central Asia Subcommittee and co-chair of the Congressional Burma Caucus, led the effort with co-sponsors including Reps. Ami Bera, Sydney Kamlager-Dove, Gregory Meeks, Betty McCollum, and Tim Kennedy. The bill calls on Congress to reverse the administration’s termination decision and extend TPS protections for Myanmar nationals.

“The Department of Homeland Security’s decision to terminate Temporary Protected Status for Burma deeply misconstrues the reality of the situation on the ground,” Huizenga said in a Jan. 12 statement.

TPS was created by Congress to protect people from deportation when their home countries face armed conflict or extraordinary conditions. Myanmar was first designated for TPS in 2021 after the coup triggered civil war, mass displacement, and widespread abuses; it has been extended multiple times since.

In its TPS termination notice issued on Nov. 24, Department of Homeland Security (DHS) officials argued that changing conditions in Myanmar and other factors justified termination, but critics reject that claim as disconnected from the reality on the ground that continues to include armed conflict, repression, and humanitarian crises.

“The most recent junta-run sham election should be viewed as a rigged farce and nothing more,” Huizenga said. “Forcing Burmese who have legally taken refuge in the United States to return to an ongoing civil war is antithetical to the purpose of TPS.” 

The co-sponsors emphasized the humanitarian stakes in the press release. Bera described extending TPS for Myanmar nationals as “a matter of basic humanity and common sense,” noting that many TPS holders are raising families, contributing to their communities, and would face life-threatening risks if forced to return to Myanmar. Meeks added that it would be “inhumane” to send people back while the junta continues violent repression.

Legal and political contestation

The lawsuit by AALDEF alleges that DHS failed to properly assess the country’s current conditions and disregarded its legal obligations in ending TPS. 

In AALDEF’s statement, one plaintiff, using a pseudonym, feared that he would be detained immediately if deported because of his pro-democracy activism.

“I am terrified of what will happen if I’m forced to return,” Thura Doe said. “Because the Trump administration terminated TPS for Burma with only two months’ notice, I’ve had no opportunity to prepare and make plans.””

Prism interviewed a young Myanmar woman from the Washington, D.C., area who said she would be critically affected by TPS cancellation. She came to the U.S. on a student visa, but her plans to return home after graduation collapsed after the 2021 military coup. She requested anonymity for safety reasons.

“During my sophomore year, the coup happened, and I became very active in speaking out against the junta,” she told Prism over text message. “I fundraised and worked with organizations supporting protesters and activists on the ground.”

After graduating, she worked in Washington for an organization supporting the National Unity Government, Myanmar’s civilian government in exile.

“Because of all of this, I felt unsafe to go back after I graduated,” she said. “TPS gave me temporary protection and allowed me to work while I continued advocacy for Myanmar, with the hope that one day I could go home.”

That hope is now fading.

“Losing TPS would mean I can no longer work or live here,” she said. “I don’t have family in the U.S. I rely on my job to pay rent and buy food. If I lose that, I would be in serious financial trouble.”

She said she fears detention if forced to return. A former colleague of hers who traveled back for a family funeral was arrested and interrogated, she said.

“They asked about the organization we both worked for,” she said. “That means I would face the same situation.”

Her fears are compounded by Myanmar’s forced conscription policies.

“My family is Muslim, and that means further persecution,” she said. “It’s well-known they put Muslims on the front lines. To add on to that, officials have come to my home to look for me and my siblings. I fear the worst if I go back to Myanmar.”

Besides the human rights concerns, advocates have also pointed to recent natural disasters and ongoing violence as evidence that unsafe conditions persist.

Capitol Hill weighs in

Whether TPS protections continue beyond Jan. 26 may depend on rapid court action, legislative intervention, or a combination of both.

“Congress and the administration are clearly not aligned,” Simon Billenness, U.S.-based activist and executive director of Campaign for a New Myanmar, told Prism. “The Trump administration is wavering, and the Department of Homeland Security’s decision to cancel TPS reflects a broader shift away from providing safe haven. Burmese refugees are increasingly being viewed as undesirable.”

Billenness said that since the deadline for TPS termination is only days away, there is no chance that a bill could pass both chambers and become law in that short timeframe.

“We are hoping that the federal judge will issue a stay on the termination of TPS, allowing the program to continue while the case moves through the courts,” he said. “We expect updates from the lawsuit in the coming days, and that will be critical. That court decision is the most immediate path to stopping the TPS termination before the deadline.”

As the deadline approaches, Myanmar families across the U.S. are waiting, hoping that lawmakers, the courts, or both will intervene before time runs out.

Editorial Team:
Sahar Fatima, Lead Editor
Carolyn Copeland, Top Editor
Rashmee Kumar, Copy Editor