An executive order issued by President Donald Trump on January 20 requiring the federal government to define sex as binary—male or female—has rattled transgender travelers whose chosen identity is no longer accepted on government-issued documents such as passports, visas, and Global Entry cards.
The order, titled “Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government,” states that “it is the policy of the United States to recognize two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality. ‘Sex’ shall refer to an individual’s immutable biological classification as either male or female.”
“In line with that order, the Department’s issuance of U.S. passports will reflect the individual’s biological sex as defined in the Executive Order,” a State Department spokesperson told USA Today in an email.
The State Department will no longer offer the third gender marker X, which was approved by the Biden administration for nonbinary, intersex, and transgender applicants; it is still a valid form of self-identification in 22 U.S. states and certain countries, including India, Australia, New Zealand, Canada, Denmark, and Germany. Individuals won’t be able to update their existing marker from an M to an F, or an F to an M, says Arli Christian, senior policy counsel for the American Civil Liberties Union (ACLU).
It’s important to note that “existing valid passports are still valid for travel,” says Christian. But transgender travelers will face challenges if they need to get a new passport or renew their passport—even if they’re already in the process of renewing.
Uncertainty surrounding travel documents
Nonbinary travelers who have submitted for a new or renewed passport may find their applications in a state of limbo, along with any documents submitted with the application, such as an expired passport, birth certificate, marriage license, or divorce decree. Those who try to check their application status on the State Department site “may find it says ‘suspended,’ ‘on hold,’ or outright ‘denied’ rather than ‘processing,’” says Connor Leighton-Cory, a staff attorney in Immigration Equality’s Pro Bono Program, which supports LGBTQI+ and HIV-positive immigrants across the U.S.
The State Department currently says, “If you have been waiting more than four weeks for your documents, call us at 1-877-487-2778 to report that you have not received your documents.” Otherwise, Leighton-Cory recommends contacting the ACLU.
This is just the beginning of what will likely be a fitful path for transgender travelers. “No matter where a transgender person is in updating their documents, it’s going to be on all our minds,” says Leighton-Cory, who identifies as a transgender male. “They’re trying to punish us into nonexistence. It’s not going to happen. We’ve been here throughout the course of human history and will continue to be here, despite these targeted attacks.”
The transgender community is a small, vulnerable population of people in the United States, says Christian. Still, identity issues speak more broadly to one’s ability to participate freely in society. “When an individual shows an identity document that doesn’t match who they are, they’re at a heightened risk for discrimination, harassment, and violence. [It’s harder] to travel, get jobs, interact with law enforcement,” says Christian. According to a 2022 U.S. Trans survey by the National Center for Transgender Equality, 22 percent of all respondents reported being verbally harassed, assaulted, asked to leave a location, or denied services when they have shown someone an ID with a name or gender that didn’t match their presentation.
From LGBTQI+ to LGB Travel
Just this week, transgender, queer, and intersex people faced further government undermining when they were removed from State Department travel advisories. What was previously an advisory page for LGBTQI+ travelers has been renamed LGB Travel Information. “They’ve literally erased the existence of these travelers. It doesn’t change the fact that transgender people are traveling or the risks they face,” says Christian. “Now they don’t have the information they need.”
LGBTQI+ travel tips
With a lack of government resources, Leighton-Cory has some suggestions and advice for nonbinary and transgender travelers:
- If you’re traveling with an X marker, consider bringing documentation that helps explain your specific circumstances, such as a name change order—a connection between your prior name assigned at birth and who you are now.
- Research the states and countries where you intend to travel, and think ahead about precautions for safety.
- When traveling domestically, remember that you can use a state ID. The executive order doesn’t affect state-issued documents, only federal ones. Look up what protections your state may provide.
Finally, remember that current passports, visas, and Global Entry cards are valid government documents. Even Christian—who identifies as gender fluid, with they or she pronouns and an X marker on her passport—has to remind herself that. She has a personal trip to Ghana planned in April, and she’s worried about getting back into the U.S. “I’ll still go,” she says. “I won’t let this government stop me from living my life. I say that from a place of privilege. [But] the fear is real.”
