A US federal court has ordered the Trump administration to delay its termination of Temporary Protected Status (TPS) for Burma while a class action lawsuit challenging the termination moves forward, reports the Asian American Legal Defense and Education Fund (AALDEF) on 23 January.
In his decision on 23 January, U.S. District Court Judge Matthew F. Kennelly wrote, “the pattern that the plaintiffs describe – the Secretary’s termination of TPS at every opportunity against the backdrop of the President’s efforts to eliminate TPS – suggests that the Secretary did not review the evidence regarding any of these countries, including Burma, as required by the TPS statute.”
Judge Kennelly also noted that allowing the termination of TPS for Burma to proceed at this juncture would present “significant, irreparable harms.”
Last month, six Burmese TPS holders – on behalf of nearly 4,000 individuals – filed a class action lawsuit against the Trump administration for unlawfully terminating TPS for Burma. The class is represented by the Asian American Legal Defense and Education Fund (AALDEF), International Refugee Assistance Project (IRAP), and the Law Offices of June J. Htun.
Without the court’s intervention, nearly 4,000 Burmese TPS holders would have lost their legal status and work authorization on January 26. If they had lost those TPS protections, they would have been at risk of being forced to return to Burma – a country that remains engulfed in violent conflict following a 2021 military coup, widespread human rights abuses, and unsafe conditions exacerbated by a 7.7 magnitude earthquake last year.
“I’m relieved that the court has blocked the Trump administration from deporting me and other Burmese TPS holders while our lawsuit proceeds,” 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 return to Burma, 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. It is not safe for me or other Burmese TPS holders to return to our home country at this time – and I hope and believe the court will see that DHS did not meaningfully consider current conditions in Burma before ending TPS.”
“The court ruled unequivocally today that the administration cannot move forward with its termination of TPS for Burma until this case is decided,” said Dinesh McCoy, staff attorney at AALDEF. “The court concluded that we are likely to succeed on our claim that the Department of Homeland Security ended TPS for Burma without following the law and assessing whether it is safe to return to Burma. As our case moves forward, we’ll show how ending TPS for Burma wasn’t just a rushed decision – it was part of the Trump administration’s broader effort to use immigration policy to exclude communities of color from this country. The court’s order today is a crucial step towards justice.”
“Once again, a federal court has rejected the Trump administration’s unlawful efforts to strip non-white immigrants of their legal status,” said Megan Hauptman, litigation fellow at IRAP. “Thanks to this decision, Burmese TPS holders will retain their ability to legally live and work in the United States while the lawsuit moves forward. We will continue to push back against this attack on Burmese TPS holders and all immigrant communities caught in the Trump administration’s crosshairs.”
“There is a very clear process that DHS must follow when deciding whether or not to extend TPS for any country,” said June Htun, an attorney on the case. “It’s clear that DHS did not follow that process when deciding to end TPS for Burma and today’s court’s ruling sends a clear message to leaders at DHS: you are not above the law.”
About the Asian American Legal Defense and Education Fund
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. Learn more at www.aaldef.org.
About the International Refugee Assistance Project
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. Learn more at www.refugeerights.org.
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