DHS Terminates Temporary Protected Status for Burma (Myanmar): What You Need to Know
DHS Terminates Temporary Protected Status for Burma (Myanmar): What You Need to Know
On November 24, 2025, the Department of Homeland Security (DHS) announced the termination of Temporary Protected Status (TPS) for Burma (also known as Myanmar). This decision affects approximately 4,000 Burmese nationals currently living in the United States under TPS protection. If you or someone you know holds TPS from Burma, it is critical to understand what this means and what options may be available.
What Is Temporary Protected Status (TPS)?
Temporary Protected Status is a humanitarian program that allows nationals from certain countries to remain in the United States temporarily when their home country is experiencing conditions such as ongoing armed conflict, environmental disasters, or other extraordinary circumstances that make return unsafe. TPS provides protection from deportation and work authorization but is not a path to permanent residence on its own.
Why Is DHS Terminating TPS for Burma?
According to Secretary of Homeland Security Kristi Noem, the decision to terminate TPS for Burma was based on a determination that conditions in the country have improved sufficiently that it is now safe for Burmese nationals to return. The announcement cited several reasons:
- End of State of Emergency: Burma has ended its state of emergency
- Plans for Elections: The country is planning free and fair elections
- Ceasefire Agreements: Successful ceasefire agreements have been reached
- Improved Local Governance: Local governance structures have been strengthened
- Visa Overstay Concerns: Burma's visa overstay rates are significantly higher than average
The Secretary concluded that "permitting Burmese nationals to remain temporarily in the United States is contrary to the national interest" and that conditions in Burma no longer meet the statutory requirements for TPS designation.
When Does the Termination Take Effect?
The termination becomes effective on January 26, 2026. This means that current TPS holders from Burma have approximately two months from the announcement date to prepare and explore their options.
What Should Current TPS Holders Do?
If you currently hold TPS from Burma, you should take immediate action:
1. Consult with an Immigration Attorney
The most important step is to schedule a consultation with an experienced immigration attorney as soon as possible. An attorney can:
- Review your individual circumstances
- Assess whether you qualify for other forms of immigration relief
- Help you understand all available options
- Assist with filing applications before the deadline
2. Explore Alternative Immigration Options
You may be eligible for other forms of immigration status, including:
- Asylum: If you fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group
- Adjustment of Status: If you have a family member who is a U.S. citizen or lawful permanent resident who can sponsor you
- Employment-Based Immigration: If you have specialized skills or job offers that qualify
- Special Immigrant Visas: Depending on your background and circumstances
- U or T Visas: If you are a victim of certain crimes or human trafficking
- Cancellation of Removal: If you meet specific residency and hardship requirements
3. Gather Important Documents
Start collecting all relevant documentation, including:
- Your TPS approval notices and Employment Authorization Documents (EAD)
- Passport and travel documents
- Birth certificates and marriage certificates
- Evidence of continuous residence in the United States
- Documentation of family relationships
- Employment records and tax returns
- Any evidence supporting alternative immigration applications
4. Do Not Leave the United States Without Legal Advice
If you leave the United States after your TPS terminates, you may face significant difficulties returning. Consult with an attorney before making any travel plans.
5. Monitor Your Status
Stay informed about any updates or changes to the termination decision. While the announcement has been made, legal challenges or policy changes could potentially affect the timeline or outcome.
What Happens After January 26, 2026?
After the termination date:
- TPS protection from deportation will end
- Work authorization based on TPS will no longer be valid
- Individuals without another form of lawful status may be subject to removal proceedings
- Those who return to Burma voluntarily are encouraged to report their departure using the U.S. Customs and Border Protection CBP Home app
Legal Context and Requirements
The Immigration and Nationality Act (INA) Section 244 governs Temporary Protected Status. Under this law, the Secretary of Homeland Security must:
- Determine whether conditions in a designated country continue to meet the requirements for TPS
- Review these conditions at least 60 days before the designation expires
- Consider whether extraordinary circumstances preventing return continue to exist
The Secretary has broad discretion in making TPS determinations, but these decisions can sometimes be challenged in federal court if they are found to be arbitrary, capricious, or not supported by evidence.
Common Questions and Concerns
Can This Decision Be Challenged?
Legal challenges to TPS terminations are possible, and advocacy organizations may file lawsuits arguing that conditions in Burma have not actually improved enough to make return safe. However, such challenges face significant legal hurdles and uncertain outcomes.
What If I Have Children Born in the United States?
Children born in the United States are U.S. citizens regardless of their parents' immigration status. However, this alone does not automatically provide immigration status for parents. You may be eligible for other forms of relief based on your family relationships, but you need to consult with an attorney to explore these options.
What If I Cannot Return to Burma?
If you believe you cannot safely return to Burma, you should immediately consult with an immigration attorney about filing for asylum or other forms of protection. It is critical to do this before your TPS terminates.
Can I Apply for a Green Card Through My Job?
Depending on your occupation and employer, employment-based immigration may be an option. However, these processes can be complex and time-consuming, so it is important to start as soon as possible.
Current Conditions in Burma: A Reality Check
While DHS has determined that conditions have improved, many international observers and human rights organizations continue to report serious concerns about the situation in Burma, including:
- Ongoing violence and armed conflict in various regions
- Human rights violations
- Political instability
- Risks to ethnic and religious minorities
If you have specific concerns about your personal safety upon return, these should be documented and discussed with an immigration attorney who can help you present this evidence in an application for asylum or other relief.
Practical Steps and Recommendations
Immediate Actions (November-December 2025)
- Schedule a consultation with an immigration attorney within the next two weeks
- Gather all immigration documents and organize them in one place
- Document your time in the United States, including work history, community ties, and family relationships
- Research your options by reading about different types of immigration relief
- Avoid any criminal activity or violations of law, as this can harm your immigration options
Short-Term Actions (January 2026)
- File applications for any alternative immigration relief you qualify for
- Maintain employment and continue paying taxes
- Keep copies of everything you submit to immigration authorities
- Stay in contact with your attorney and respond promptly to any requests for information
- Prepare financially for potential application fees and legal costs
Long-Term Considerations
- Understand your options if your applications are denied
- Consider voluntary departure if no other relief is available, as this may preserve future immigration options
- Stay informed about policy changes and legal developments
- Build your case with strong documentation and evidence
- Seek community support from ethnic community organizations and advocacy groups
Resources and Support
Several organizations provide assistance to Burmese communities in the United States:
- Legal aid organizations that offer free or low-cost immigration consultations
- Community organizations serving Burmese and Burmese-American populations
- Ethnic community associations that can provide cultural support and connections
- Refugee resettlement agencies that may offer continued services
Why Professional Legal Advice Matters
Immigration law is complex, and the stakes are extremely high. An experienced immigration attorney can:
- Identify options you may not know about
- Help you avoid costly mistakes
- Prepare strong applications with proper documentation
- Represent you in immigration proceedings if necessary
- Navigate changing policies and legal requirements
- Protect your rights throughout the process
Do not rely solely on advice from friends, family, or online sources. Every immigration case is unique, and what worked for someone else may not work for you.
Important Deadlines
- January 26, 2026: TPS termination effective date
- 60-90 days before termination: Deadline for many alternative applications to be filed
- Immediately: Time to consult with an immigration attorney
The window to take action is short. Do not wait until the last minute to explore your options.
Conclusion
The termination of TPS for Burma is a significant development that will affect thousands of Burmese nationals in the United States. While the announcement states that conditions have improved in Burma, individual circumstances vary greatly. Some TPS holders may qualify for other forms of immigration relief, while others may need to prepare for return.
The most important step you can take is to consult with a qualified immigration attorney who can assess your specific situation and help you navigate the available options. Time is of the essence, and early action provides the best chance of finding a path forward.
If you have TPS from Burma and need legal guidance, contact an experienced immigration attorney immediately to discuss your case and explore your options.
This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.