USCIS
- 131 views
Starting April 2, 2025, the United States Citizenship and Immigration Services (USCIS) will enforce a new policy that defines biological sex strictly as either male or female in immigration and travel processes.
This change, announced by the agency, aligns with a recent executive order aimed at reinforcing binary sex classifications within federal operations. The policy mandates that birth certificates issued at or near the time of birth serve as the primary evidence for determining an individual’s sex. In instances where these birth certificates do not explicitly state male or female, USCIS will consider secondary documentation, such as medical or historical records.
The agency will no longer issue immigration or travel documents with unspecified sex fields, requiring all records to clearly indicate an individual’s sex as either male or female to ensure consistency. This shift presents potential challenges for international travellers and immigration applicants, particularly those whose gender identity differs from their sex assigned at birth or who have legally changed their gender markers in other jurisdictions. Discrepancies between official documents and an individual's affirmed gender could lead to processing delays.
USCIS has indicated that individuals seeking recognition of sex inconsistent with their birth certificate may face additional scrutiny and longer processing times. The policy reflects a divergence from the practices of some nations that have begun to recognize non-binary or third-gender classifications. By maintaining a strict binary approach, the US policy may require extensive preparation and heightened attention to documentation accuracy for affected individuals seeking to travel to or immigrate to the United States.
Tricia McLaughlin, DHS Assistant Secretary for Public Affairs, has publicly stated that the policy safeguards "biological reality" and addresses national security concerns. Supporters of the policy argue it will simplify and strengthen federal administrative systems. Conversely, advocates for gender diversity have expressed concerns about the policy's potential impact on transgender and gender non-conforming individuals.
USCIS advises applicants for visas, green cards, and other immigration benefits to thoroughly review the USCIS Policy Manual and the official USCIS Policy Alert for a comprehensive understanding of the updated requirements. The agency emphasizes the importance of maintaining consistency across all submitted documents and anticipating potential adjudication challenges to avoid processing delays.
This policy change represents a significant recalibration of federal practices regarding sex classification in immigration contexts, requiring travellers and applicants to exercise increased diligence in preparing their documentation to prevent potential complications.