DHS Secretary Mayorkas Designates Burma for TPS

Secretary of Homeland Security Alejandro N. Mayorkas is designating Burma (Myanmar) for Temporary Protected Status (TPS). This new designation of Burma for TPS enables Burmese nationals currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.

Secretary Mayorkas decided to designate Burma for TPS after “careful consideration of the extraordinary and temporary conditions in Burma” caused by a February 2021 coup, which has led to continuing violence, pervasive arbitrary detentions, the use of lethal violence against peaceful protesters, and intimidation of the people of Burma. Senior Biden administration officials told NPR ahead of the announcement that they estimate the new protection will cover about 1,600 people who are already in the U.S., allowing them to continue to live and work in the country legally for the next 18 months. The designation is meant to provide safety to Burmese nationals and to support their ability to speak up for democracy. The Biden adminsitration says TPS may apply to diplomats from Myanmar who have publicly broken ranks with the coup leaders and stated their support for detained civilian leader Aung San Suu Kyi.

Only individuals who are already residing in the United States are eligible for TPS. Individuals who can demonstrate continuous residence in the United States as of March 11, 2021, are eligible for TPS under Burma’s designation. For these reasons and because of ongoing covid-19 travel bans, individuals from outside the US should not come to the US in pursuit of TPS. Additional eligibility criteria will be detailed in an official Federal Register notice and USCIS guidance. (Will update with Fed Reg once available.)

MHC