The Trump administration said on Monday it was ending temporary legal status for Myanmar citizens in the United States, arguing they can return safely to the war-torn Southeast Asian country and citing the military junta’s planned elections as evidence of improving conditions.
The move has raised concerns for those individuals who could be forced to return to Myanmar, which has been in political turmoil since the military seized power in a 2021 coup, ousting a civilian government and sparking a nationwide armed resistance.
The US Department of Homeland Security (DHS) said in a statement that Homeland Security Secretary Kristi Noem consulted with US government agencies and concluded that Temporary Protected Status (TPS) designation for Myanmar is no longer needed.
“This decision temporarily restores the TPS to its original status,” Noem said in the statement, using another name for Myanmar. “The situation in Burma has improved to the point where it is safe for Burmese citizens to return home, so we are ending temporary protected status. Burma has made notable progress in governance and stability, including the end of the state of emergency, planning for free and fair elections, successful ceasefire agreements, and improvements in local governance that contribute to public service delivery and national reconciliation.”
In its formal notification of the move, DHS also credited Myanmar’s military government for engaging in ceasefire talks with ethnic armed groups. It said China was playing a mediating role and compared the talks to previous peace efforts.
The status will expire on January 26 for about 4,000 Myanmar nationals who benefit from it, the agency said.
International actors, including the United Nations, have said elections the junta is planning for December and January cannot be free and fair, with some opposition parties banned and former leader Aung San Suu Kyi jailed.
“(The US’s) factual analysis is speculative,” said John Sifton, Asia advocacy director at Human Rights Watch. “Contrary to its contents, there has been no improvement in governance or stability, the revocation of the state of emergency is virtually meaningless, and the so-called elections declared by the military are widely understood to be theater – not even a farce, which could at least be entertaining, but a sham.”
The administration’s justification appears to be at odds with members of Trump’s own Republican Party, who have long advocated tougher policies toward Myanmar’s junta. Young Kim, chairwoman of the House Foreign Affairs East Asia and Pacific Subcommittee, at a hearing on Myanmar last week called the upcoming elections a “sham” designed to “create the illusion of legitimacy while allowing the junta to continue acting as a proxy for China and Russia.”
The State Department has warned US citizens not to travel to Myanmar “due to civil unrest, armed conflict, and arbitrary enforcement of local laws.”
The department’s most recent human rights report on the country, published in August, said there were “significant human rights issues” in Myanmar, including credible reports of arbitrary killings and disappearances, torture, harassment of journalists, and other abuses, including restrictions on religious freedom.
It said, “The human rights crisis in Burma worsened during the year as conflict between the military regime and opposition forces (including ethnic armed organizations) intensified, marked by an increase in regime airstrikes and artillery attacks on or near civilian sites.” The State Department also highlighted the deaths of two senior opposition leaders who died after being arbitrarily detained by the military government.
The State Department declined to comment Monday, referring questions to DHS.
Under the administration of Trump’s Democratic predecessor Joe Biden, TPS status for Myanmar was extended for 18 months, ending on November 25.
Trump, a Republican, has canceled TPS for citizens of several countries since taking office in January as part of his immigration crackdown.
<a href=