News & Resources

Federal court allows termination of TPS to proceed for nearly 4,000 people from Burma 

FOR IMMEDIATE RELEASE

August 7, 2026

MEDIA CONTACTS

IRAP | Spencer Tilger | media@refugeerights.org

AALDEF | Stuart J. Sia | media@aaldef.org 


FEDERAL COURT ALLOWS TERMINATION OF TPS TO PROCEED FOR NEARLY 4,000 PEOPLE FROM BURMA

“I am devastated by the court’s ruling and terrified of what will happen if I’m forced to return to Burma” 

(Chicago, IL) — Today, a federal court declined to extend emergency relief for nearly 4,000 TPS holders from Burma, a devastating decision that will allow the Trump administration to begin deporting Burmese TPS holders who lack other legal status. The court’s ruling allows the administration to proceed with ending TPS protections for Burmese nationals and permits further litigation only on the claim that the TPS termination was unconstitutionally discriminatory.   

“I am devastated by the court’s ruling and terrified of what will happen if I’m forced to return to Burma,” said Thura Doe, a plaintiff in the lawsuit. “As an advocate for democracy in Burma, I have vocally protested the current military dictatorship in my home country. If I am forced to return, I deeply fear I will be immediately detained by the junta—which is what I’ve witnessed happen to friends, many who remain imprisoned by the military dictatorship.” 

“This court was the only thing standing between thousands of our Burmese clients and the Trump administration’s mass detention-and-deportation machine,” said Lupe Aguirre, Deputy Director of U.S. Litigation at the International Refugee Assistance Project (IRAP). “But with this decision, the termination of TPS for Burma is in effect. TPS holders deserve better than a government that flagrantly violates the law and courts that are powerless to stop it. TPS holders need a permanent fix and protection from being sent to danger. Congress must act now to extend protections for all TPS holders.” 

Last month, following the Supreme Court’s decision in Mullin v. Doe, IRAP, Asian American Legal Defense and Education Fund (AALDEF), and the Law Offices of June J. Htun, sought renewed emergency relief to pause the termination of TPS, arguing that the administration’s actions were unlawful violations of the due process clause and the authority Congress delegated to the Department of Homeland Security. The court declined to grant emergency relief and dismissed both new claims.  

As a result of today’s court ruling, nearly 4,000 Burmese TPS holders who have lived in the United States for years will no longer have TPS protections while this lawsuit proceeds.   

“The court’s decision to allow TPS protections to lapse puts thousands of Burmese TPS holders in grave danger. It is unconscionable for the Trump administration to gamble with their lives as part of its larger campaign to use immigration policy as a tool for racial exclusion,” said Dinesh McCoy, staff attorney at AALDEF, lead counsel in the case. “We are continuing to explore all available legal options. Regardless of the outcome of the litigation, our work will not end. We will continue to pursue every available avenue to protect and advocate for affected communities.” 

TPS is a humanitarian program established by Congress that allows individuals from designated countries experiencing armed conflict, natural disasters, or other extraordinary and unsafe conditions to live and work legally in the United States. Burma remains engulfed in violent conflict following the 2021 military coup, widespread human rights abuses, and unsafe conditions exacerbated by a 7.7 magnitude earthquake earlier this year. The U.S. State Department continues to warn Americans against travel to Burma due to extreme danger. 

“The court’s ruling today is heartbreaking and will have deeply harmful human consequences,” said June Htun, an attorney on the case. “The Trump administration did not afford people the protections that should have been required by Congress and the Constitution. With Burma still mired in civil war, sending TPS holders back to the country will literally put their lives at risk.” 

Resources

  • Read the Court’s decision: HERE 
  • Read the amended class action complaint: HERE 
  • Read IRAP’s legal resources for TPS holders: HERE 
  • Read AALDEF’s legal resources for TPS holders: HERE 

The Asian American Legal Defense and Education Fund (AALDEF) was founded in 1974 to protect and promote the civil rights of Asian Americans. AALDEF serves diverse Asian communities around the country in solidarity with each other, communities of color, and marginalized groups. Community lawyering is at the heart of AALDEF’s work, which combines litigation, advocacy, education, and organizing to secure human rights for all people. 

www.aaldef.org 

The International Refugee Assistance Project (IRAP) is a global legal aid and advocacy organization working to create a world where refugees and all people seeking safety are empowered to claim their right to freedom of movement and a path to lasting refuge. Everyone should have a safe place to live and a safe way to get there. 

www.refugeerights.org. 

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