Update: Navigating Recent U.S. Gender Policy Changes in Travel for LGBTQIA+ Individuals

Update: Navigating Recent U.S. Gender Policy Changes in Travel for LGBTQIA+ Individuals

Since the publication of our original guide in February 2025, significant developments have occurred concerning U.S. federal policies on gender markers in travel documentation. These changes have profoundly impacted both U.S. citizens and international LGBTQIA+ travelers.

Key Policy Changes Affecting LGBTQIA+ Travelers

1. Executive Order 14168 Implementation

Previously, on January 20, 2025, President Donald Trump signed Executive Order 14168, mandating that all federal identification documents, including passports and visas, reflect an individual's sex assigned at birth, recognizing only "male" and "female" as valid gender markers. Consequently, the State Department ceased issuing passports with the nonbinary "X" marker and halted processing gender marker changes on existing documents.

2. Visa Application Restrictions

Following the executive order, Secretary of State Marco Rubio announced that visa applications listing a gender differing from the applicant's sex assigned at birth would be permanently denied. Additionally, applications with discrepancies between listed gender and supporting documents are flagged with a special code ("SWS25") for tracking purposes. 

3. Removal of Transgender Resources

The State Department has removed references to transgender travelers from its official resources, limiting guidance to "LGB" individuals. This has left transgender and nonbinary travelers without official information on navigating international travel under the new policies. 

Real-World Impacts on Travelers

International Travelers Facing Entry Denials

• Canadian trans musician Bells Larsen was compelled to cancel his U.S. tour after his visa application was denied due to a mismatch between his passport's gender marker and his sex assigned at birth. 

• Canadian entrepreneur Jasmine Mooney was detained by U.S. Immigration and Customs Enforcement (ICE) for nearly two weeks despite holding a valid NAFTA work visa. She was subjected to inhumane conditions and denied legal counsel during her detention.
  
  
• German tattoo artist Jessica Brösche was detained and subsequently deported when attempting to enter the U.S. from Mexico, highlighting the risks faced by travelers with gender marker discrepancies.
  
  
• Three German nationals were denied entry and detained in March 2025, despite possessing valid travel documents, due to inconsistencies in gender markers. 

International Response and Travel Advisories

Several countries have issued advisories for LGBTQIA+ individuals traveling to the U.S.:

• Denmark: Advises citizens with an "X" gender marker or those who have changed gender to consult the U.S. embassy before traveling.
  
  
• Finland: Warns that U.S. authorities may refuse entry if the passport's gender marker does not match the sex assigned at birth.
  
  
• Ireland: Instructs travelers to declare their sex as assigned at birth on visa applications and to contact the U.S. embassy for guidance.
  
  
• Germany: Recommends that individuals with gender marker discrepancies consult U.S. diplomatic missions prior to travel.
  
  

U.S. Citizens Encountering Documentation Challenges

The implementation of Executive Order 14168 has not only affected international travelers but also created significant challenges for transgender and gender-diverse U.S. citizens. These issues have manifested across several areas:

1. Passport Renewals and Applications

• Rejected Applications: Transgender and nonbinary individuals seeking to renew their passports have reported a sharp increase in rejections. Applications are denied if the applicant’s gender marker does not align with their sex assigned at birth.
  
  
• Processing Delays: The requirement to match documentation with sex assigned at birth has caused delays, often spanning months, while applicants navigate bureaucratic hurdles or amend their documentation.
  
  

2. Retroactive Changes to Existing Passports

• Some passport holders have received notification letters indicating that their previously approved gender marker (e.g., "X") has been invalidated.
  
  
• Replacement passports issued without consultation have reverted to the sex assigned at birth, leading to confusion and distress among affected individuals.
  
  

3. Complications with Domestic and International Travel

• TSA Screening Issues: U.S. citizens whose appearance does not match the gender marker on their identification have faced invasive screening procedures and delays at airport security checkpoints.
  
  
• International Travel Restrictions: Travelers have encountered issues when returning to the U.S. if their passport gender marker differs from that of their other identification documents or foreign visas.

While legal challenges to these policies are ongoing, many U.S. citizens lack immediate avenues for redress. Inconsistent enforcement of the policies at local and state levels further exacerbates the confusion.

Real-World Example: U.S. Citizens Facing Documentation Issues

Case Study 1: Passport Reversion
Taylor, a transgender woman from Colorado, received her passport renewal with her gender marker changed from "F" to "M" without her consent. Despite submitting all required documents, the State Department cited Executive Order 14168 as the reason for the change. Taylor’s subsequent appeal has been pending for over six months, delaying her ability to travel internationally for work.

Case Study 2: Denied Reentry
Jordan, a nonbinary American, was detained for six hours at a U.S. border checkpoint after returning from Canada. Despite holding a valid "X" marker passport issued before the executive order, the officer insisted the document was invalid, leading to extensive questioning and missed connections.

Case Study 3: TSA Discrimination
Alex, a transgender man, reported being pulled aside for a “special screening” at a TSA checkpoint because his appearance did not match the “F” marker on his passport. He was required to undergo invasive physical screening procedures, resulting in a missed flight and significant emotional distress.

These cases highlight the real-world implications of the recent policies, particularly for U.S. citizens navigating increasingly complex and discriminatory documentation requirements. Travelers are urged to proactively verify their documents, consult with legal experts when necessary, and report incidents of discrimination to advocacy organizations like the National Center for Transgender Equality (NCTE) or the ACLU.

Recommendations for LGBTQIA+ Travelers

Given the evolving landscape, travelers are advised to:

• Review Travel Documents: Ensure that all travel documents, including passports and visas, reflect the sex assigned at birth as per current U.S. requirements.
  
  
• Consult Embassies: Reach out to U.S. embassies or consulates in your home country for the latest guidance tailored to your specific situation.
  
  
• Stay Informed: Monitor updates from reliable sources, such as the International LGBTQ+ Travel Association (IGLTA), for the latest information on travel policies affecting LGBTQIA+ individuals.
  
  
• Consider Travel Alternatives: If possible, evaluate the necessity of travel to the U.S. during this period and consider alternative destinations that offer more inclusive policies.
  
  

While these policy changes present significant challenges, staying informed and prepared can help mitigate potential issues. We remain committed to supporting LGBTQIA+ travelers in navigating these complexities and advocating for inclusive travel policies.

For personalized assistance and the latest updates, please contact our travel advisory team.

Stay up to date with the latest travel information and exclusive cruise packages by signing up to our free newsletter below: