Judge Clears DHS to End Protected Status for Nearly 4,000 Burmese — Their Work Permits Stopped Being Valid the Same Day

Judge Matthew Kennelly of the Northern District of Illinois ruled on Aug. 7 that DHS may end Temporary Protected Status for nearly 4,000 people from Burma, also known as Myanmar. The 2021 designation, granted after a military coup, had been set to expire in January 2026 but was held in place by court orders while a class action challenged the termination. The protections have lapsed and employment authorization documents issued under the category are no longer valid. The same day, Judge Patti B. Saris in Massachusetts cleared DHS to end TPS for South Sudan.

Both rulings turned on the Supreme Court’s June decision in Mullin v. Doe, which held that the TPS statute generally bars courts from reviewing non-constitutional challenges to terminations. That leaves the assessment of country conditions largely with the secretary. Kennelly let the Burma plaintiffs keep pressing a discrimination claim while permitting the termination to take effect.

Then-Secretary Kristi Noem announced the termination in November 2025, citing progress on governance, ceasefires and elections. It is effective Aug. 7, 2026. The discrimination claim remains pending.