What changed and who is affected
The United States will terminate Temporary Protected Status (TPS) for nationals of Burma (Myanmar), ending work authorization and protection from deportation for nearly 4,000 people who have relied on the program since the 2021 military coup. The Department of Homeland Security (DHS) issued a formal notice stating that Burma no longer meets the statutory standard for TPS, and set January 26, 2026 as the effective date for termination. As of late November, government figures show 3,969 approved beneficiaries and 236 pending applications. TPS, created by Congress in 1990, is a temporary shield for people already in the United States when crises at home make return unsafe. It does not itself lead to a green card or citizenship.
In its notice, DHS said recent reviews found improvements in governance and stability, including the end of the state of emergency, a constitutional election timeline, and what it described as credible ceasefire arrangements. The department also cited national interest concerns such as high visa overstay rates among Burmese nationals and a limited number of national security or public safety investigations. Under the law, the Secretary must terminate a country’s designation when the original conditions are no longer judged to be present. The notice appeared on the Federal Register, with implementation guidance to follow from U.S. Citizenship and Immigration Services (USCIS). Readers can review the legal notice and program details through DHS’s official pages, including the Federal Register listing and USCIS’s TPS overview.
Myanmar’s military authorities welcomed the U.S. decision and urged citizens abroad to return and take part in a planned general election. The regime has scheduled phased voting from December 28 and is promoting the polls as a step toward normalcy. The opposition remains severely curtailed. Aung San Suu Kyi, the country’s democracy figurehead, is jailed, her party has been dissolved, and harsh penalties are in place for anyone who protests the vote. Localized martial law persists and forced conscription has expanded in several areas as the military seeks to replenish its ranks.
Human rights investigators and civil society groups in the United States and abroad say the decision misreads conditions on the ground. The UN’s Independent Investigative Mechanism for Myanmar (IIMM) reported rising allegations of serious crimes in the run-up to the vote, including detentions of election critics and airstrikes aimed at retaking territory. The UN high commissioner for human rights has warned that holding elections amid armed conflict, mass arrests, and ongoing repression defies basic standards of credibility. Independent conflict monitors estimate that as many as 90,000 people have died in the civil war since 2021, and millions are displaced. The U.S. State Department maintains a Do Not Travel advisory for Myanmar because of armed conflict, civil unrest, and wrongful detentions.
Why DHS says Myanmar no longer qualifies
Under the TPS statute, the Secretary of Homeland Security must periodically review country conditions and either extend, redesignate, or terminate a country’s status. DHS says its latest review concluded that Burma no longer faces the kind of extraordinary and temporary conditions that warrant the program. The termination takes effect January 26, 2026, which is 60 days after publication of the final notice on the Federal Register. During a transition period, beneficiaries retain protection and work authorization until the effective date, subject to specific USCIS guidance about document validity and any automatic extensions published in official notices. The Federal Register notice is the controlling document for timelines and eligibility changes (see the legal notice at the Federal Register, rel=”noopener noreferrer” href=”https://www.federalregister.gov/documents/2025/11/25/2025-21069/termination-of-the-designation-of-burma-myanmar-for-temporary-protected-status”). The USCIS TPS page provides program background and updates (rel=”noopener noreferrer” href=”https://www.uscis.gov/humanitarian/temporary-protected-status”).
Claims of improved stability
The department’s review cites several developments that, in its view, reduce the need for TPS: the lifting of emergency rule, a constitutional schedule for national elections, ceasefire understandings in certain conflict zones, and gains in local administration and public services. DHS points to improvements in education and healthcare delivery in some areas, along with better functioning courts and policing in locations it considers more stable. These assertions form the core of the government’s rationale for winding down protections.
Homeland Security Secretary Kristi Noem framed the move as a return to the temporary nature of TPS and argued that conditions have advanced enough to allow returns. She said it is safe for Burmese citizens to return home.
It is safe for Burmese citizens to return home.
Security and immigration integrity concerns
DHS also referenced national interest considerations. The notice describes high rates of visa overstays among Burmese nationals and says a number of TPS beneficiaries have been under investigation for risks to national security or public safety, without identifying cases. The department argued that continuing TPS is inconsistent with broader immigration integrity goals, and that the program should not be extended beyond what the statute permits in specific emergencies.
Is Myanmar safe for return
Independent reporting by humanitarian agencies, UN monitors, and conflict researchers paints a dire picture. Myanmar’s civil war remains active across many regions. The nonpartisan Armed Conflict Location and Event Data Project has estimated that up to 90,000 people have been killed since the coup. Humanitarian organizations estimate that about 3.6 million people are internally displaced and that nearly 20 million need assistance. A 7.7 magnitude earthquake in March 2025 added to existing needs, leaving communities with damaged infrastructure and limited access to aid. The U.S. government’s own travel advisory warns Americans not to travel to Myanmar because of active conflict and other severe risks. Forced conscription efforts have reached into urban and rural areas, and local martial law persists in numerous townships.
Nicholas Koumjian, head of the UN’s Independent Investigative Mechanism for Myanmar, said recent actions tied to the election period could constitute international crimes.
Detention of election critics and airstrikes to claw back territory before the scheduled vote may amount to persecution and spreading terror in a civilian population as crimes against humanity.
Volker Turk, the UN high commissioner for human rights, questioned the very premise of holding a national vote amid repression and war.
To hold elections under these circumstances is unfathomable.
Against that backdrop, the military plans phased elections beginning December 28. Its dissolution of the National League for Democracy and prosecution of Aung San Suu Kyi remove the most popular political force from contention. New rules carry prison terms of up to a decade for those who protest the vote. Fighting continues in many parts of the country, including areas that had enjoyed relative calm before the coup.
Junta reaction and the politics of recognition
Myanmar’s military leaders quickly embraced Washington’s decision as validation of their stability narrative. State media highlighted the end of TPS as proof that conditions are normalizing and as encouragement for citizens abroad to return. For a regime that has struggled to win international acceptance, the U.S. determination offers a public relations boost that it can project into its election campaign at home. Analysts say the announcement risks being used by the junta to claim tacit recognition of its planned polls, which opposition forces and many international observers consider neither free nor credible.
Major General Zaw Min Tun, the junta’s spokesperson, praised the U.S. move and urged participation in the upcoming vote.
Washington’s announcement was a positive statement. We invite citizens in the United States to come back and vote in the general election and to take part in building a modern and developed nation.
Rights advocates warn that returnees could face screening, conscription, or detention, especially those who have voiced criticism or engaged in activism. In conflict zones, displaced families often lack secure housing and access to essential services. Border regions remain volatile, and reports of arbitrary arrests and airstrikes continue to emerge from multiple states.
What the end of TPS means for Burmese families in the US
TPS provided two core protections: work authorization and a shield from deportation while the designation remained in place. When a designation ends, beneficiaries return to whatever immigration status they held before TPS, if any, unless they have secured a different legal status. People who lack another lawful basis to stay in the United States become subject to removal once the termination date arrives, although any actual enforcement action depends on a range of factors and procedures. USCIS will issue operational guidance about the validity of Employment Authorization Documents and any automatic extensions through official notices. Program information and updates are available on the USCIS TPS page (rel=”noopener noreferrer” href=”https://www.uscis.gov/humanitarian/temporary-protected-status”).
Options and constraints
Some TPS holders may be eligible for other forms of relief. Asylum is available to individuals who can show a well founded fear of persecution on protected grounds, but it requires individualized evidence and is separate from TPS. Others may qualify through family ties, employment sponsorship, or special humanitarian programs. Deferred Enforced Departure (DED) is a different presidential tool that can protect groups on foreign policy grounds, but it is not automatic and does not arise from statute. Past terminations of TPS for other countries have led to lawsuits, and courts have, at times, delayed enforcement. The TPS law gives the Secretary broad discretion, and judicial review of termination decisions is limited. People weighing options should seek advice from qualified immigration lawyers or accredited legal service providers.
Advocates say the timing and the government’s analysis disregard daily realities in Myanmar. The U.S. Committee for Refugees and Immigrants warned that ending TPS will return people to danger and undo contributions they have made to communities across the country.
Ending TPS for Burma puts lives in danger. Many Burmese nationals have built families and livelihoods in the United States, and returning them to active conflict zones is both unfeasible and morally untenable.
Members of the Burmese diaspora expressed anger and fear after the announcement. Me Me Khant, an advocate with Students for Free Burma, said the move ignores the ongoing risks faced by people who fled the crackdown.
This stoppage is a slap in the face to exiled citizens. It is obviously really not safe to go back home.
Communities respond in Minnesota and beyond
In Minnesota, home to the largest Karen community in the United States, local leaders condemned the policy change and pledged support for families now facing new uncertainty. State lawmakers in the Minnesota Senate Asian Pacific Caucus argued that the federal decision overlooks continuing violence and displacement in Myanmar and urged the state’s congressional delegation to act. Community groups highlighted Karen contributions to the state’s schools, workplaces, and civic life, and warned that families could be fractured if removals begin after the termination date.
Legal and policy outlook
Several past moves to end TPS for other countries have been challenged in federal court, sometimes resulting in injunctions or temporary extensions while litigation proceeds. It is not yet clear whether lawsuits will be filed over Burma’s termination, or whether any case would delay the January 2026 effective date. USCIS is expected to publish instructions about work authorization validity and any automatic extensions linked to the wind down period. Beneficiaries should monitor official channels and consult qualified counsel before making decisions.
Lawmakers could introduce legislation to provide permanent status for long resident TPS holders, and a president can grant DED for groups based on foreign policy considerations. Those outcomes are uncertain. For now, the controlling documents are DHS’s termination notice on the Federal Register and USCIS program guidance, which define key dates and obligations for Burmese TPS holders.
What to Know
- DHS has terminated TPS for Burma, with an effective date of January 26, 2026, after a statutory review of country conditions.
- About 3,969 people currently hold TPS for Burma, with 236 applications pending, according to DHS figures.
- DHS cited the end of emergency rule, an election timeline, ceasefires, and improved local services, plus national interest and immigration integrity concerns.
- UN investigators report continued detentions, airstrikes, and alleged crimes against humanity, and the UN rights chief says elections under current conditions are unfathomable.
- Myanmar’s junta praised the U.S. decision and urged citizens abroad to return and vote in late December’s planned polls.
- Independent monitors estimate up to 90,000 deaths and about 3.6 million people displaced since the 2021 coup, with a U.S. Do Not Travel advisory still in place.
- When TPS ends, beneficiaries revert to their prior status unless they secure another legal basis to remain; many could face removal.
- Potential avenues include asylum or family and employment options, while DED or congressional action are possible but uncertain.
- Official guidance will appear on the Federal Register and USCIS websites; beneficiaries should verify EAD validity rules and consult qualified legal help.
