United States: Federal Court Temporarily Blocks TPS Termination for Burma (Myanmar)
January 26, 2026
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At a glance
- A federal district court in Illinois has temporarily stayed the termination of Temporary Protected Status for Burma (Myanmar), which was slated to end today.
- The court further ordered that Burma TPS work authorization is extended during the period of the temporary stay.
A closer look
On January 23, 2026, a federal district court in Illinois ordered a postponement of the termination of Temporary Protected Status (TPS) for Burma (Myanmar), which was scheduled to take effect today. The temporary stay of TPS termination for Burma is to remain in effect until the court rules on the merits of the case. The case is Doe v. Noem, 1:25-cv-15483 (N.D. Ill., filed Dec. 19, 2025).
In late November 2025, Secretary of Homeland Security Kristi Noem had declined to extend the TPS designation for Burma, but beneficiaries were granted a transition period through January 26, 2026 during which they would continue to be covered by TPS. The plaintiffs filed their legal challenge in December, and the district court ruled on January 23 that the plaintiffs are likely to succeed on their claim that the termination violated the Administrative Procedure Act (APA). The court’s January 23 order blocks TPS termination pending a resolution of the case on the merits.
During the temporary stay, Burma TPS beneficiaries will continue to be eligible for work authorization and have protection against deportation and detention based on TPS status. The court’s order further states that the validity period of work authorization under the TPS designation for Burma extends for the period of the postponement.
The Trump Administration is likely to seek a reversal of the stay.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
