Trump’s New Passport Rule Ends Gender Options for 16,700 Travelers

Trump’s New Passport Rule Ends Gender Options for 16,700 Travelers
The U.S. Department of State has suspended passport applications for individuals seeking to change their gender marker or identify outside the male-female binary. This comes after Secretary of State Marco Rubio’s directive, following President Donald Trump’s executive order that recognizes only two sexes, male and female.
This policy reverses significant advancements made under the Biden administration. In 2021, the State Department began allowing nonbinary, intersex, and transgender individuals to select an “X” gender marker on passports, enabling them to reflect their true gender identity without medical documentation. That policy was celebrated as a milestone by advocates who had fought for years to achieve this recognition.
Now, those celebrations have turned into disappointment and uncertainty.
What Trump’s Order Changes
Trump’s executive order mandates that government documents, including passports, reflect an individual’s sex at birth. Agencies such as the Department of State and Customs and Border Protection must comply by revising policies, forms, and systems to align with the directive.
Rubio’s email to State Department staff, obtained by The Washington Post, instructed them to suspend processing any passport applications with an “X” marker or requests for sex changes. This suspension applies to both pending and future applications.
“The State Department will no longer issue U.S. passports containing an ‘X’ sex marker,” Rubio stated in the email.
In compliance with the order, the department has removed information on the “X” gender option from its website. A previously available link to news about the first passport issued with the “X” marker now leads to an error message.
Despite these changes, a webpage with safety tips for LGBTQ+ travellers remains active.
Impact on Travelers
White House press secretary Karoline Leavitt said travellers can still apply for passport renewals but must use their sex assigned at birth. “Thanks to President Trump, it is now the official policy of the federal government that there are only two sexes,” Leavitt told the nonprofit news site NOTUS.
The order has left many travellers in limbo. Advocacy groups warn that the inability to reflect one’s gender identity on official documents could lead to humiliation and harassment during everyday activities like booking travel, checking into hotels, or going through airport security.
Brandon Wolf, spokesperson for the Human Rights Campaign, condemned the move, saying, “This will needlessly subject individuals to humiliation and harassment and make all of us less safe.”
What Happens to Existing Passports?
For those who already have passports with an “X” gender marker, the situation remains unclear. Rubio’s email noted that additional guidance would be provided later.
While the White House has stated that the executive order does not retroactively invalidate existing passports, concerns persist. Advocacy groups, such as Lambda Legal, assure passport holders that regulatory safeguards should protect valid passports from being rescinded.
Paul Castillo, deputy legal director at Lambda Legal, stated, “Although this administration has now suspended issuing passports with accurate identity information moving forward, passports issued prior to the executive order remain valid.”
LGBTQ+ Advocacy Groups Respond
The Human Rights Campaign and other organizations are mobilizing to challenge the executive order. They argue that it not only undermines LGBTQ+ rights but also creates significant logistical and emotional burdens for affected individuals.
“Its purpose is to immediately create fear and ultimately cause discrimination, harassment, and other injury to transgender, nonbinary, and intersex folks,” Castillo said.
Advocates encourage those facing issues with current passports or denied applications to contact legal assistance groups. Lambda Legal, for example, has set up a help desk to provide guidance.
What Travelers Can Do Now
For individuals needing a new or renewed passport, experts advise delaying applications if possible.
“It would be prudent to wait a few weeks to see what formal policy changes come out of the State Department,” Castillo said.
Travelers are also urged to stay updated on further announcements from the State Department, which is expected to release detailed implementation plans within 120 days of the order’s issuance.
Broader Implications
Countries like Canada, Australia, New Zealand, and India allow gender-neutral designations on passports. The U.S.’s shift away from this option places it in stark contrast with these nations.
The executive order’s ripple effects extend beyond passports. Global Entry cards, part of the Trusted Traveler programs, must also reflect the holder’s sex as defined by the order. The Department of Homeland Security had previously begun updating these programs to align with passport options, but it’s unclear how the new mandate will alter those plans.
Customs and Border Protection directed questions on the matter to the White House, which has yet to provide clarity.
A Step Back for Progress
The 2021 policy under the Biden administration allowed transgender individuals to self-select their gender without requiring medical documentation. This inclusive approach marked a turning point in the fight for gender recognition.
The first U.S. passport with an “X” marker was issued in late 2021 to an intersex and nonbinary person who had fought for years for the option. By April 2022, the “X” designation was available to all Americans.
According to a 2022 estimate by the UCLA School of Law Williams Institute, around 16,700 people annually might request passports with the “X” designation. These numbers highlight the significant demand for inclusive policies.
Conclusion
President Trump’s executive order on gender identity has sparked widespread concern and criticism. For many Americans, this policy represents a significant rollback of progress toward equality and recognition.
As the nation awaits further details from the State Department and the White House, advocacy groups continue to fight for the rights and dignity of affected individuals. Travelers are urged to stay informed, seek legal advice if necessary, and prepare for potential challenges ahead.
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