US ends temporary status for Myanmar nationals, cites upcoming elections as 'progress'
WASHINGTON: The Trump administration said on Monday (Nov 24) it is ending temporary legal status for citizens of Myanmar in the United States, arguing they can safely return to the war-torn Southeast Asian country and citing the military junta's planned elections as evidence of an improving situation.
The move sparked concern for individuals who may 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.
Secretary of Homeland Security Kristi Noem had conferred with US government agencies and concluded that the Temporary Protected Status (TPS) designation for Myanmar was no longer needed, the US Department of Homeland Security (DHS) said in a statement that justified the move.
“This decision restores TPS to its original status as temporary,” Noem said in the statement, using another name for Myanmar.
“The situation in Burma has improved enough that it is safe for Burmese citizens to return home, so we are terminating the Temporary Protected Status. Burma has made notable progress in governance and stability, including the end of its state of emergency, plans for free and fair elections, successful ceasefire agreements, and improved local governance contributing to enhanced public service delivery and national reconciliation.”
In a formal notification of the move, DHS also credited Myanmar's military government for engaging in ceasefire negotiations with ethnic armed groups. It noted that China is playing a mediating role and compared the talks favorably to past peace efforts.
"FACTUAL ANALYSIS IS FANTASTICAL"
The status will expire for the roughly 4,000 Myanmar nationals benefitting from it on Jan 26, 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 while some opposition parties remain banned and former leader Aung San Suu Kyi languishes in jail.
"The (US) factual analysis is fantastical," said John Sifton, Asia advocacy director at Human Rights Watch.
"Contrary to its content, there have been no improvements in governance or stability, the revocation of a state of emergency is meaningless in effect, and the so-called elections announced by the military are widely understood to be theatre — not even a farce, which at least might be amusing, but a sham."
The administration's justification appears to contradict members of Trump's own Republican party, who have long advocated for tough policies toward Myanmar's junta.
House Foreign Affairs East Asia and the Pacific Subcommittee Chairwoman Young Kim, at a hearing on Myanmar last week, called the upcoming elections a "sham" that was "designed to create an illusion of legitimacy while allowing the junta to continue serving as a proxy for China and Russia".
AUGUST STATE DEPARTMENT REPORT CITED RIGHTS ABUSES
The State Department warns 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, persecution of journalists and restrictions on religious freedom, among other abuses.
"The human rights crisis in Burma deteriorated during the year as the conflict between the military regime and opposition forces (including ethnic armed organisations) intensified, marked by increased regime airstrikes and artillery attacks on or near civilian sites," it said.
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 on Monday declined to comment, referring questions to DHS.
TPS status for Myanmar had been extended for 18 months, ending Nov 25, under the administration of Trump's Democratic predecessor Joe Biden.
Trump, a Republican, has revoked TPS for nationals from several countries since taking office in January as part of his immigration crackdown.
Muzaffar Chishti, senior fellow at American think tank Migration Policy Institute, noted that a leaked memo suggests the Trump administration may relook the refugee statuses of all who were granted this during former president Joe Biden's time.
"That has never happened in our country before ... and I think it's consistent with the administration's policy that refugee policy should end, and if it exists at all, it should be very narrow," he told CNA's Asia Now programme.
Looking ahead, those still granted TPS - such as from El Salvador, Ukraine, Sudan and Lebanon - may be in danger of their status similarly being revoked, said Chishti.
Still, he pointed out that several of the TPS terminations have been challenged in the courts, which have already stopped the termination of TPS for citizens of Haiti and Venezuela.
"So, the last word on this has not been written. I do think that courts will intervene - at least, they will examine whether the basis for termination of Myanmar TPS is really valid," he added.
