Federal Court Postpones Termination of Burma (Myanmar) TPS Designation

Key Point  

• A federal court has ordered the U.S. government to postpone the termination of Temporary Protected Status for Burma (Myanmar), preserving protections and work authorization for TPS holders while litigation continues 

Burma/Myanmar TPS

On January 23, 2026, the U.S. District Court for the Northern District of Illinois granted the plaintiffs’ motion to postpone the effective date of the Department of Homeland Security’s termination of Burma’s (Myanmar) TPS designation, scheduled to take effect on January 26, 2026. The judge found that postponement was necessary to preserve the status quo while the case proceeds. 

Key Findings 

The court concluded that the plaintiffs demonstrated: 

• A likelihood of success on their Administrative Procedure Act (APA) claims 
• Irreparable harm to TPS holders if the termination were allowed to take effect 
• That the balance of equities and public interest favors postponement 

Based on these findings, the court ordered a stay under 5 U.S.C. § 705. 

Impact of the Order 

• The termination of Burma’s (Myanmar) TPS designation is immediately postponed and stayed pending resolution of the case. 
• During the postponement period, the termination is null and void and without legal effect. 
• TPS holders continue to receive all protections and benefits associated with TPS, including: 
  • Valid work authorization 
  • Protection from detention and deportation 
• Individuals with pending TPS or work authorization applications remain eligible for protection and work authorization during the stay. 

Background

On November 24, 2025, the Department of Homeland Security announced that TPS for Burma (Myanmar) would terminate on January 26, 2026, following a statutory review that concluded Burma no longer met the conditions required for TPS designation. This decision set the stage for subsequent litigation, including the federal court order postponing the termination.

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