Protests in Myanmar followed the military coup last month.
The United States has granted temporary deportation protections to Myanmar nationals following a military coup in that country, also known as Burma, last month.
Secretary of Homeland Security Alejandro N. Mayorkas is designating Burma for Temporary Protected Status (TPS) for 18 months. The military coup in Burma has made the status of Burmese nationals in the U.S. in an uncertain position.
“Due to the military coup and security forces’ brutal violence against civilians, the people of Burma are suffering a complex and deteriorating humanitarian crisis in many parts of the country,” said Mayorkas Friday.
“After a thorough review of this dire situation, I have designated Burma for Temporary Protected Status so that Burmese nationals and habitual residents may remain temporarily in the United States.”
This new designation of Burma for TPS enables Burmese nationals (and individuals without nationality who last resided in Burma) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.
The decision by the Biden administration is a marked contrast to the previouis administration which sought to reduce the number of TPS applicants and the number of countries eligible for TPS designation.
Mayorkas decided to designate Burma for TPS after consultation with interagency partners and careful consideration of the extraordinary and temporary conditions in that country caused by the 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.
The coup has worsened humanitarian conditions in several areas by limiting access to life-saving assistance, disrupting flights carrying humanitarian and medical aid, and spurring an economic crisis. Such conditions prevent Myanmar nationals and habitual residents from returning safely.
Asian Americans Advancing Justice praised the U.S. decision and issued a statement:
"This decision comes at a crucial time as an estimated 1,600 Burmese nationals fear being forced to return to a country suffering from serious human rights violations and military control along with the COVID-19 health crisis. Since 1962, the Burmese government has been under the control of their military with a brief return to civilian power in 2011.
"Over the last two decades, the U.S. has resettled tens of thousands of Burmese and ethnic minority peoples from Burma offering safe haven from a brutal regime. In more recent years, the U.S. has resettled Rohingya people, a Muslim ethnic minority fleeing ethnic cleansing and genocide by the Burmese military," continued the AAJ statement.
A country may be designated for TPS if the Secretary determines that current country conditions fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.
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 Myanmar’s designation. For their own health and safety, individuals should not believe smugglers or others claiming the border is now open. Due to the pandemic, travel and admission restrictions at the border remain in place.
In addition to demonstrating continuous residence in the United States since March 11, 2021, initial applicants for TPS under this designation must meet other eligibility criteria, which will be detailed in a forthcoming Federal Register notice. All individuals applying for TPS undergo security and background checks as part of determining eligibility. The Federal Register notice will explain the eligibility criteria applicants must meet and describe procedures necessary to submit an initial TPS application and apply for work authorization documentation.
"The U.S. government’s grant of TPS would provide many Burmese nationals visiting, studying or residing in the United States temporary status and work authorization and provide them a safe haven in the United States," concluded the statement from AAAJ.
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