How can Trump's change to us affect your passport?

Last Friday, Hunter Schaefer, a trans actress who appeared in the HBO series “Euphoria,” posted an 8.5 minute video to Tiktok, revealing that she had just received a new passport with a male marker.

“I was shocked,” Schafer said in the video. “I didn't think it would actually happen.”

President Trump signed an executive order on January 20th, directing the federal government to acknowledge people only by being assigned at birth by “an immutable biological classification as either male or female.” For Americans who apply or renew their passports with trans, intersex, and genderless Americans, the change has caused anxiety and confusion.

Since June 2021, the State Department has allowed trans people to declare their gender on their US passports without providing medical accreditation. The agency recently said it would stop issuing passports with gender-neutral X-markers available starting in April 2022.

The American Civil Liberties Union filed a lawsuit against Trump and the State Department on February 7th on behalf of seven transgender Americans. Here's what we know about that lawsuit is pending and how the policy is affecting the passport application:

Who is the exact influence of the order?

It applies to people whose gender identity is different from the gender assigned at birth.

There are around 1.6 million transgender people in the United States, according to UCLA's Williams Institute. While it's not a clear count of people using X-gender markers in the US, there are around 5,200 people in New York who use ID markers. The California Department of Motor Vehicles recently told the TV station KCRA that there are 21,140 California people using X markers with their state IDs. A report released on January 16 by the U.S. Department of Health and Human Services estimated that there are over 5 million intersex people in the United States. This is an umbrella term for people with anatomical or genetic characteristics that do not match the typical definition of male or female.

The executive order requires that “government-issued identification documents, including passports, visas and global entry cards,” reflect the gender of the person at birth, but documents currently in effect will remain in effect until they expire, regardless of gender markers.

The ACLU said as of Tuesday, more than 1,800 transgender, intersex, and non-gender people had been contacted using suspended or pending passport applications. Lambda Legal, an LGBTQ civil rights organization, has received more than 800 passport inquiries since January 20th.

What's going on if you apply for your X passport?

The State Department has removed the X-marker option. This was available from 2022 onwards without the need to support documents from the passport application immediately after the administrative order. The “Passport Sex Markers” tab on its website says, “If you send a passport application that requires an X marker, or if you request a sex marker that is different from the sex marker at birth, you may be late in getting your passport.” The Department of State finally adds that “we will issue a new passport that matches your biological sex at birth based on support documents and records regarding your previous passport.”

The State Department has not issued more specific guidance to those who apply using the form with the X rating, but Laurie Lee, co-founder of Swift Passport & Visa Services in Chicago, said the application would likely be suspended.

“My guess is that they reapply for those caught in the middle, mark “male” or “female” and when that new application is submitted, they get a new passport,” Lee said. “At this point, there is no hope of issuing a passport along with “X.” ”

What happens if I apply for a passport with a marker that is different from birth sex?

The State Department says it will only issue “passports with M or F sex markers that match the biological sex of the client at birth,” but the enforcement of that policy is confusing and inconsistent.

Some Trans People applications appear to be appearing as pending or suspended on the State Department's status check site. Westley Ebling, 26, said he must contact Washington, D.C., MP Eleanor Holmes Norton to obtain information about his passport renewal, filed on January 14th.

Norton's office told him that the passport application with gender changes was suspended indefinitely, adding that “the State Department will not be able to share much information until late March or later.” (A State Department spokesman declined to comment, citing privacy laws and restrictions.)

There are others like Schafer. They have already received their new passports returned to their birth sex.

Lily Powers, a 29-year-old trans woman in New York, changed her gender marker from M to X in early 2024. She submitted her application on January 8th.

But when she received her new passport on February 4th, it was M

“It was an empty envelope with new documents,” Powers said. “There was no explanation as to why they gave me the M marker, not what I requested.”

What is the risk of traveling using a passport with the wrong gender marker?

People, legal names and genders travelling with passports that do not reflect their current appearance often encounter situations ranging from uncomfortable to humiliating or dangerous.

“For trans, intersex, and non-binary travelers, there is a very, very well-established fear that we could be questioned, detained, and confiscated documents simply because of who we are.”

In her video, Schafer expressed similar concerns. She said she's traveling abroad with her new passport this week, and she's preparing for complications.

“I'm sure it's coming with having to put myself out to the border patrol agents,” she said, “it's much more often, or really necessary than I would like.”

Follow New York Times Travel on Instagram and sign up for Travel Dispatch Newsletter for expert tips on smarter travel and inspiration for your next vacation. Are you dreaming of a future vacation or travelling an armchair? See 52 locations in 2025.