By SweSwe Aye
LOS ANGELES – In 2021, Mya publicly defied the military regime in Burma. Today she is among some 4,000 Burmese nationals here with Temporary Protected Status (TPS) who are facing deportation back to the country of their birth.
For Mya, who is in her mid-50s, her return to Burma (also known as Myanmar) would not just mean a loss of freedom but a possible, even likely death sentence.
“If TPS protections are completely dismantled and we are deported, the days of hell waiting for us in our home country are beyond measure,” said Mya, her voice trembling. (We are withholding Mya’s last name for security reasons.)
She added, “The absolute worst could happen to us.”
A June ruling by the Supreme Court cleared the way for President Trump to end TPS designations for as many as 13 countries, including Burma. The ruling impacts more than 1.3 million people — many of whom have lived in the US for decades — threatening their work authorization and legal status in the country.
Critics of the ruling say the decision to end TPS ignores conditions within countries like Burma, where the military has maintained control since launching a coup in 2021. The Southeast Asian nation also remains mired in a bloody civil war as the regime battles pro-democracy fighters and armed ethnic groups.
Advocates here, meanwhile, are actively exploring legal avenues to prevent the looming end of protections for Burmese TPS holders.
“The claims that we’re bringing aren’t addressed in the Supreme Court case,” explained Dinesh McCoy, lead attorney at Asian American Legal Defense and Education Fund (AALDEF).
McCoy is working with the International Refugee Assistance Project (IRAP) and a Chicago-based attorney, June Htun, in representing six Burmese TPS holders who filed a class action suit following SCOTUS’s ruling. The case, Aung Doe v. Noem, was filed on behalf of all Burmese TPS holders.
“Our hope is that these claims also are grounds for the judge to issue a new order, keeping TPS in place,” said McCoy, adding that would allow “more time for a final judgment down the road on whether or not the government’s actions were illegal.”
On July 17, a lower court judge granted an extension of TPS protections for Burmese through August 7 as the court considers a request to pause terminations while the case moves forward.
“I think there are certainly, hopefully legal arguments that will protect people from other communities as well,” said McCoy, noting nationals from Haiti and Syria, specifically, both of which also recently saw their TPS designations ended.
Mya was living in Los Angeles in 2021 when Burma’s military leaders took control of the government following elections that threatened their political power.
Moved by protests inside the country, she publicly denounced the coup. The government quickly retaliated, revoking her citizenship, canceling her passport, and effectively rendering her stateless.
“My family members in Myanmar are interrogated daily by authorities checking if they are still in contact with me,” said Mya, who made the painful decision to cut off all communication to ensure their safety.
“They can no longer run their businesses, and they are barred from leaving the country,” she said. “They are currently in hiding inside Myanmar.”
Burmese TPS holders here express similar fears amid reports of escalating violence as the military junta intensifies indiscriminate airstrikes across the country, targeting civilian settlements and infrastructure. One such strike in June killed 17 civilians, while another claimed the lives of seven, including a Karenni Christian youth leader.
Data from the Assistance Association for Political Prisoners (AAPP) shows that deaths since the 2021 coup reach into the tens of thousands.
Human rights organizations like Amnesty International and Human Rights Watch report that over 31,500 people have been arrested since the coup, while 2,200 people have died while in custody. Reports of severe torture, abusive interrogations, or the deliberate denial of medical care are widespread.
“The thought of being thrown into a military prison and subjected to unpredictable forms of torture is too horrific to imagine,” said Mya. “We have seen evidence of even American citizens of Burmese descent being mistreated upon returning. Just thinking about it covers me in cold sweat and makes my heart race.”
Such fears are already taking a toll on her health. Over the last two years, Mya’s preexisting diabetes and hyperthyroidism have severely worsened. Her doctors have repeatedly warned her that persistent, extreme anxiety is actively deteriorating her physical health.
“When we first came to the US, our plan was always to return to Myanmar,” said Mya, who first traveled here for work. “We never intended to stay … But the coup flipped our lives completely upside down.”
Recognizing the temporary nature of TPS protections Mya filed for asylum in 2024. Two years later, she is still waiting for an interview notice from USCIS.
Her anxieties, meanwhile, were heightened following allegations that U.S. immigration authorities had illegally shared confidential information about Iranian asylum seekers with the Iranian government, violating national privacy regulations.
“When I heard that, I couldn’t stop wondering: Have U.S. immigration agencies already shared the personal data of Burmese political asylum seekers with the junta,” said Mya. “Could the same thing happen to us?”
Li Lovett contributed reporting for this story. SweSwe Aye is a Los Angeles-based journalist with Myanmar Gazette.
