United States | Update on Myanmar TPS termination

U.S. Citizenship and Immigration Services has posted an update regarding the termination of the Temporary Protected Status (TPS) designation for Myanmar in response to a court order in ongoing litigation.

Key Points:

•  As previously reported, the Department of Homeland Security terminated TPS designations and related benefits for Myanmar, effective Jan. 26, 2026.
• The Jan. 23, 2026, ruling by the United States District Court for the Northern District of Illinois in Aung DOE et al. v. Noem et al. temporarily postponed the Secretary’s termination decision regarding Myanmar, stating: “The Termination therefore does not affect the protections and benefits previously conferred by the TPS designation, including work authorization and protection from detention and deportation, and the validity period of work authorization extends for the period of postponement. … The Termination also has no effect on the eligibility for work authorization and protection from detention and deportation for individuals with pending applications.”
• USCIS updated its TPS webpage with the following in response to the court order: “The validity of Employment Authorization Documents (EADs) issued under the TPS designation of Burma (Myanmar) with an original expiration date of Nov. 25, 2025, May 25, 2024, or Nov. 25, 2022, is extended per court order. Aung DOE et al. v. Noem et al., No. 25-cv-15483 (N.D. Ill.).”
• With the federal court’s ruling effectively putting the termination on hold, according to the USCIS update, DHS stated it is “working with Department of Justice to determine next steps” and has not yet issued additional guidance for employers or TPS recipients from Myanmar.

Because litigation is ongoing in the above matters, employers and foreign nationals should continue to check the USCIS TPS page for further government guidance. BAL will continue to monitor related developments and provide updates.

This alert has been provided by the BAL U.S. Practice Group.

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