The future of nearly 4,000 Burmese nationals working in the United States was thrown into limbo on 26 January after a federal district court in Illinois issued a last-minute injunction pausing the Department of Homeland Security’s plan to terminate Temporary Protected Status (TPS) for Burma. DHS had published a notice in November declaring that TPS would end at 11:59 p.m. on 26 January, citing improved conditions in Myanmar.(regulations.justia.com)
In Doe v. Noem, plaintiffs argued that DHS failed to follow the Administrative Procedure Act and ignored ongoing political instability. Judge Maria Valdez agreed that the suit was likely to succeed on the merits and ordered DHS to preserve TPS and related Employment Authorization Documents while litigation proceeds. Work authorization that was to expire now remains valid until the court issues a final ruling.
![Federal Court Stays Termination of Burma TPS Hours Before Deadline]()
For employers, the eleventh-hour stay averts what would have been an immediate loss of work eligibility for affected staff. Global-mobility teams should retain employees without reverifying I-9s until further DHS or USCIS guidance is published, according to advisory notes from leading immigration firms.
The case also signals that the administration’s broader strategy of tightening TPS designations could face judicial headwinds. Mobility planners with Somali and Venezuelan TPS workers—two populations slated for review later this year—should monitor the litigation closely for precedent.
In Doe v. Noem, plaintiffs argued that DHS failed to follow the Administrative Procedure Act and ignored ongoing political instability. Judge Maria Valdez agreed that the suit was likely to succeed on the merits and ordered DHS to preserve TPS and related Employment Authorization Documents while litigation proceeds. Work authorization that was to expire now remains valid until the court issues a final ruling.
For employers, the eleventh-hour stay averts what would have been an immediate loss of work eligibility for affected staff. Global-mobility teams should retain employees without reverifying I-9s until further DHS or USCIS guidance is published, according to advisory notes from leading immigration firms.
The case also signals that the administration’s broader strategy of tightening TPS designations could face judicial headwinds. Mobility planners with Somali and Venezuelan TPS workers—two populations slated for review later this year—should monitor the litigation closely for precedent.
