New Executive Order Targets Transgender and Non-Binary Americans: What You Need to Know

Note: This information is accurate as of March 2025. However, policies and guidelines regarding gender markers on identification documents are rapidly evolving. We encourage readers to check with advocacy organizations and legal professionals for the most up-to-date information.

An Alarming Rollback of Recognition 

A recent executive order issued by the administration has introduced significant changes to the way gender markers are handled on government-issued identification documents—including passports, visas, and Global Entry cards. Under this new policy, documents must reflect a person’s sex as assigned at birth rather than their gender identity. 

This redefinition eliminates the ability for transgender and non-binary individuals to update their documents in alignment with their identity, creating substantial barriers for international travel, employment, and legal recognition. 

The End of X Gender Markers on U.S. Passports 

Under this executive order, the U.S. government will no longer issue passports or Consular Reports of Birth Abroad (CRBAs) with an X gender marker. This means that: 

• Passports will only be issued with an M or F marker, based solely on sex assigned at birth. 

• If a person applies for a passport with an X marker or a gender marker that differs from their assigned sex at birth, their application may be delayed or denied. 

• Applicants may receive requests for additional documentation, and ultimately, their passport will be reissued to match their sex assigned at birth rather than their gender identity. 

For many in the trans and non-binary community, this change creates new legal and logistical hurdles, forcing individuals to carry identification that does not align with their identity. 

Legal Challenges and Advocacy 

Civil rights organizations and advocacy groups are actively challenging this policy. Legal professionals and advocacy organizations are closely monitoring developments and seeking avenues for legal recourse to protect the rights of transgender and non-binary individuals. 

If you currently hold a valid U.S. passport with an X gender marker or a marker different from your assigned sex at birth, it will remain valid until its expiration date. However, it is important to be aware of these changes when considering renewal or new applications. 

Resources and Support 

Navigating these changes can feel overwhelming, but you’re not alone. Here are some ways to stay informed and supported:

• Follow updates from legal and advocacy organizations working to challenge these policies. 

• Know your rights: If you are applying for a passport, be aware of the new requirements and potential challenges. 
• Seek community support: Many organizations offer guidance and support to trans and non-binary individuals facing identification barriers. You can reach out to LGBTQ+ centers in your area to learn what is available in-person or online.

While this policy presents challenges, efforts continue to push for recognition and equality. Organizations and legal professionals remain dedicated to advocating for the rights of trans and non-binary individuals, ensuring that everyone has the opportunity to live with dignity and security. If you have questions about how this policy might affect you or need legal guidance, reach out to legal/advocacy groups for support. 

Contributor Thanks: D'Alessio Law 

With over 20 years of experience, D’Alessio Law has established itself as a leader in immigration services, providing legal support to individuals and organizations navigating complex immigration processes. Understanding the unique challenges faced by LGBTQIA+ individuals, particularly trans and non-binary people, the firm created Live Proudly Abroad, an initiative dedicated to assisting those seeking safer and more affirming environments. 

Live Proudly Abroad offers law services on visa applications, renewals, green cards, and citizenships for individuals within the U.S. and assists those abroad in securing visas for entry. 

In addition to immigration support, assistance is provided for those considering expatriation—helping individuals navigate the legal processes necessary to relocate to a country where they can live freely and have their rights fully recognized and respected like Spain, Malta and Portugal. 

Through Live Proudly Abroad, D’Alessio Law offers discounted legal services to members in need of immigration assistance, ensuring that legal pathways remain accessible and clear. Learn more at liveproudlyabroad.com