The Trump administration’s policies around sex and gender leave trans and nonbinary Americans at risk when it comes to international travel. Earlier this year, the US State Department stopped issuing gender X passports for nonbinary travelers. There have also been reports from transgender Americans with passport applications or renewals pending of receiving documentation that reflects the sex assigned at birth. Transgender and nonbinary need to know whether it’s safe to travel, what documentation they need, and what to expect when dealing with the TSA and other officials.
This post is intended as an evolving resource and was last updated September 23, 2025.
Updates to Trans Passport Policy
SEPTEMBER 2025: Trump Asks SCOTUS For Emergency Ruling
TLDR:ย The Trump administration has asked the Supreme Court to reinstate its ban on gender self-identification for passports, arguing that requiring everyone to use their sex assigned at birth isnโt discriminatory, since everyone is treated the same way.
Lower courts have disagreed, ruling that forcing trans people to carry mismatched documents is forced outing and puts them at risk for mental, emotional and physical harm.
This case is being taken up on the Supreme Court’s shadow docket, which means that whatever they decide, they don’t owe us an explanation.
Background:
The shadow docket was historically used for pressing matters. Think national emergencies. This administration tends to use it for whatever they don’t like, like a toddler who doesn’t like mommy’s answer and goes running to ask daddy.
Shadow docket cases tend to move quickly, so a ruling could come any day. As we’ve seen in other cases, this often leads to quick legal wins that let the justices off the hook from having to explain or justify their rulings โ because, of course, the justification is personal preference..
SCOTUS could uphold lower rulings protecting trans and nonbinary Americans, or side with Trump.
If the administration wins, it wants to revoke passports and replace them with bigot-approved versions.
The ACLU urged trans travelers earlier this summer to apply for passports quickly, while there was a window to receive accurate documents.
Those who did are safe for now.
Those who didnโt may soon lose the option.
JUNE 2025: Transgender Americans Win Legal Victory Over Trump Passport Policy, Next Steps + should You File for a Passport Now?
TLDR: A federal judge in Boston blocked the Trump administration’s refusal to process passports consistent with trans and nonbinary gender identities. Some transgender Americans have applied for urgent travel documents and received correct passports, but there is still confusion and uncertainty around the ruling.
Background:
In June 2025, a federal judge in Boston sided with transgender passport applicants and ruled that passport applications must be filed with the correct gender, not the assigned at birth sex.
Reuters reports that the judge granted class action status to trans, nonbinary and intersex Americans, who were prevented from getting legal documentation that matched their gender identity โ a term the Trump administration is trying to erase, no less โ as a result of the policy change.
The court case certified two classes of people:
- those whose gender identity differs from the sex assigned at birth, and have or will apply for a passport with a binary gender marker (M or F)
- those whose gender identity differs from the sex assigned at birth, and have or will apply for a passport with an X gender marker
In the wake of this decision, some trans folks who had held off on applying for passports went out and filed โ with mixed results.
Some transgender people in need of urgent travel documentation who applied in person at US passport offices were successful in getting passports issued with the correct gender marker, according to Erin in the Morning.
Meanwhile other trans folks who went to passport offices were turned away or told some version of ‘we’re not doing that right now.’
As with so much about being queer or trans in America these days, what you get seems to depend on which state you live in.
Add in the curveball of Trump vs. CASA, the Supreme Court ruling on birthright citizenship, and waters get murkier.
In that case, the Supreme Court effectively took away the ability of lower courts to issue nationwide injunctions against policies โ birthright citizenship in the CASA case, but this could just as well apply to transgender and third gender passports.
Trump vs. CASA effectively said that no federal judge has the ability to determine that an executive order is unlawful and block it nationwide, they can only rule on its legal applicability to the claimants in the case. With a passport example, that would be the plaintiffs who sued over passports issued with assigned-at-birth sex markers.
So is every trans person in need of a passport supposed to sue independently, or join a class action lawsuit? And more importantly given the precedent of Skrmetti, when it is so clearly not time to test the waters on trans rights, where do we go from here?
I don’t have answers.
But if I were to make guesses, I’d predict that queer and trans travel to the US from abroad will continue to decrease, based on the anti-immigrant, anti-queer policies the Trump administration is pushing and the valid safety concerns of visiting the US right now, particularly for people of color.
And I’m fairly confident we’ll see an exodus of trans folks from states with hostile laws to states that don’t just welcome trans people, but offer meaningful protections.
Can Trans People Get Passports Now? Should They?
Things are changing quickly, and right now a lot is still up in the air. Right now, here’s what we do know, according to a US passports webinar organized by Lambda Legal. I’ve summarized their advice, with my key takeaways as an LGBTQ travel expert who’s been tracking the impact of anti-trans laws for several years.
What does this mean for trans and non-binary Americans?
Should you run out and renew your passport? Or plan that international vacation you’ve been holding off on because flying while trans can be a hassle?
The judge’s ruling goes into effect immediately.
This means transgender Americans who submit passport applications will no longer receive passports that list the sex assigned at birth.
Has Donald Trump met a ruling he won’t appeal? I don’t think so. Which means the case is headed back to court (most likely).
While we should celebrate this victory over his bigotry, it may not be time to rush out to the post office to get your passport application in.
Whether you should apply for a passport immediately depends on your circumstances and your risk tolerance.
This just happened, so if you can put in an application and pay to have expedited, you may get your passport processed with the correct gender marker before the case is appealed. But there is no guarantee.
If your passport will expire or has already, applying now may make sense. Likewise if you have never had a passport.
Top-Level Takeaways for Trans and Nonbinary Passport Applicants
If you just want the highlights, here’s what to keep in mind:
- As of January 2025, the State Department requires that the sex designation on passports align with the sex assigned at birth.
- The State Department is not processing new applications for an X gender passport, however around 68,000 Americans already have these passports in their possession, per the Williams Institute.
- Existing X gender passports remain valid until their expiration date and will not be confiscated by Transportation Security Administration officials.
- The State Department hasn’t yet clarified how they’ll proceed with passport applications from intersex individuals, according to Advocates for Trans Equality. Lambda Legal warns that if the State Department can’t figure out what sex to assign for you, they could freeze your application while they request more data.
- Transgender folks can put in requests for name changes on passports, however this likely means your passport will come back with the gender marker changed to reflect the sex assigned at birth.
- If your documentation is mixed โ meaning you have valid legal documentation with different gender markers, like a binary gender passport and an X gender state driver’s license โ the gender marker listed on your birth certificate will be the decider.
- The State Department can cross-reference sex assigned at birth with the Social Security Administration, to ensure the gender marker given reflects assigned sex.
Special Considerations for Minors
The advice above is geared toward LGBTQ+ adults.
Passports for minors expire more frequently, typically every five years.
Transgender and nonbinary youth who currently have affirming documentation and need to replace it within the next four years may receive new identity documents that reference the sex assigned at birth.
Obviously, this can be distressing.
My recommendation for parents of trans and nonbinary kids is to plan in advance for how to handle this.
I’d recommend consulting with a lawyer, working with a mental health professional experienced in gender dysphoria, and planning in advance for family vacations.
What will be more stressful to your child, staying in US where the current climate is increasingly hostile, or potential discrimination and micro aggressions for the chance to travel in an LGBTQ-friendly country, where they can be themselves?
There isn’t one right answer. There’s what’s right for your family right now โ and that might evolve as the legal landscape change.
Special Considerations for Expats and LGBTQ Digital Nomads
Lambda Legal’s webinar was geared toward Americans planning international travel. But what if you’re living outside the US, and no longer sure if or when you can return?
Queer digital nomads and expats need a valid passport is essential for legal residency and travel.
They also need to show their passport much more frequently than those at home, such as when checking into their gay friendly hotel.
As I see it, the main concern for expats and queer digital nomads is around updating a passport before it expires.
Many countries won’t allow you to enter if your passport isn’t valid for at least 6 months beyond the entry date.
While you can now renew your US passport online, nonbinary and trans expats should expect increased scrutiny of their documentation.
A past history of name changes or sex marker changes could rise a red flag in the passport renewal process, leading to extra scrutiny.
Trans actress Hunter Schafer posted on TikTok about renewing her passport and receiving one with an M sex marker nearly a decade after legally changing her gender marker.
Bottom line: If your passport is expiring soon, you’ll need to renew it regardless of consequences. Otherwise you could face legal consequences.
Special Considerations for Visitors to the US
What if you’re not a US citizen? How does this change affect you?
A newly announced visa policy designed to bar trans athletes from coming to the US looks poised to impact all trans travelers to the US.
If that’s true, via applications from transgender travelers would be denied.
Anyone attempting to misrepresent their gender to get a visa could be barred for life from entering the US.
Trans journalist Erin Reed breaks down the State Department memo and its implications for foreign visitors to the US here.
Legal Challenges to Transgender Passport Policies
The good news is, US passport policies are already being challenged in court.
On February 8, the A.C.L.U. filed a case in Massachusetts federal court challenging the denial of X passports and the switch to assigned at birth gender markers. For those who want to follow the suit directly โ here’s the ACLU’s FAQ on the trans passport case.
Where to Get Help
The A.C.L.U. has been contacted by over 1,800 people whose passport applications are stuck. This includes intersex, transgender, nonbinary, and gender nonconforming Americans who are caught up in the new guidelines.
Over 800 people have contacted Lambda Legal about passports.
If you’ve got a passport application pending, you’re probably wondering if it’s going to be held up. Especially if you have a trip planned, and need to get your new passport.
Check your passport application status with the State Department at this link.
There have been reports of trans, nonbinary, and gender nonconforming passport applications marked as pending or suspended, according to the New York Times.
Lambda Legal’s Help Desk can help you explore how the issue impacts you, learn, and take action.
Resources to Navigate the Evolving Legal Landscape
Monitoring the news is very stressful right now. I have strict boundaries around when, where and how often I check the news to protect my energy.
Things are changing so quickly right now that keeping up to date with LGBTQ travel trends is tricky.
When I do check in on news, I want sources that are accurate and trustworthy now more than ever.
For me, that means ditching mainstream media sites and avoiding social media, where news is sensationalized to drive clicks.
Here are three places I trust to get up-to-date news on transgender issues, including travel:
- HRC’s state resource pages are helpful for checking the pulse of legislation, safety and quality of life in a state. The municipality database (accessible from every state page) lets you drill down to major cities within that state, so you can compare different communities to one another to figure out which ones are the most inclusive, whether you’re planning a vacation, extended stay, or out-of-state move.
- Erin in the Morning is a Substack dedicated to transgender news, written by trans journalists and focused exclusively on trans and queer legislation. Erin also has a trans risk assessment map I recommend for planning trips.
- Movement Advancement Project has maps and state by state tables to track which states are LGBTQ inclusive and which states aren’t trans friendly. I love the color coded map format for visual learners!
These resources will help you understand what’s going on at the state and national level, so you can make informed decisions each time you travel.
For more travel planning help, check out my LGTBQ US travel guide and inclusive travel planning tips, or my LGBTQ travel newsletter, a twice-monthly roundup of news and trends impacting the queer and trans travel experience, including in the US. If you’re planning a trip and have a specific question, you can always reach out to me directly via email.
