New Executive Order by Donald Trump Impacts Passport Regulations for Non-Binary Individuals
Recent executive orders signed by Donald Trump could affect the passports of some individuals. Following his return to the White House earlier this week, Trump has been making headlines by signing a series of executive orders addressing various issues, including immigration, climate change, and job policies. On January 20, he reportedly signed over 200 directives, as reported by BBC News. These executive orders serve as written directives from the president to the federal government and do not require congressional approval.
One of the key executive orders, titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” introduces significant changes regarding gender identity. A central tenet of this order asserts that there are only two genders: male and female. Notably, the order dictates that transgender women will no longer be housed in female prisons.
In addition, this executive order impacts passports issued to non-binary individuals. Under the previous Biden Administration, the State Department allowed individuals to identify as ‘X’ on their passports, reflecting a recognition of non-binary identities. A 2021 study indicated that approximately 1.2 million Americans identified as non-binary, and the issuance of the first ‘X’ gender passport in October 2021 was hailed as a groundbreaking achievement by envoy Jessica Stern.
Stern characterized the addition of a third gender marker as a “momentous step” forward, noting that it enables administrative systems to better account for the diversity of gender identity and expression among U.S. citizens.
However, in light of Trump’s newly signed executive order, the U.S. State Department has begun freezing applications for ‘X’ passports. Secretary of State Marco Rubio informed staff in an email obtained by The Guardian that “the policy of the United States is that an individual’s sex is not changeable.” He further stated that “sex, and not gender, will be used” on official documents, including passports and consular reports of birth abroad.
Staff were directed to “suspend any application where the applicant is seeking to change their sex marker” and “suspend any application requesting an ‘X’ sex marker.” This new rule is expected to affect both current and future passport applications.
As of now, passports already issued with the ‘X’ designation remain valid. However, individuals needing to update their travel documents may encounter significant challenges due to these changes.