Since 2022, U.S. residents have been in a position to choose “X” as their gender marker on passport books and playing cards, along with “M” for males and “F” for females. Whereas a number of international locations don’t acknowledge nonbinary identities or the “X” designation on identification and immigration paperwork, some countries legally do.
Nevertheless, U.S. Customs and Border Safety (CBP) this week launched a rule requiring airways to ignore the “X” gender marker on passports and as a substitute document vacationers as both “M” or “F.” The rule comes on the heels of an incident wherein an off-duty CBP officer allegedly shouted at a Canadian visitor to “never come to the U.S. again,” forcing a managerial evaluation by the CBP.
The brand new coverage may probably trigger worry of elevated discrimination and confusion at airports. Whereas the courts have continued to stop the present administration from outright banning a 3rd gender marker, the brand new ruling by the CBP remains to be in unsure waters about how it could operate and who can be liable for imposing it.
U.S. Orders Airways To Ignore “X” Gender Markers On Passports
The choice to incorporate the “X” gender marker on U.S. passports aimed to make journey paperwork extra correct and inclusive for individuals who don’t establish strictly as male or feminine. The coverage was designed to advertise accuracy, privateness, and respect for transgender and nonbinary people.
The CBP requires airways to submit passenger data to the Advance Passenger Info System (APIS) earlier than vacationers arrive at customs. Underneath the brand new rule, the system will not settle for the nonbinary “X” gender marker. Whereas airways usually are not held accountable if the data they supply differs from a passenger’s journey paperwork, it stays unclear how vacationers with mismatched documentation shall be handled upon arrival.
No Extra “X” for Gender Fields
Citing Government Order 14168, U.S. Customs and Border Protection has directed airlines to ignore the “X” gender designation on passports and chorus from accepting it in passenger information. The rule took impact on October 13, following a 90-day compliance interval that started on July 14, 2025, when the CBP first carried out the coverage. The abstract of the whole CBP doc is printed beneath.
“Efficient July 14, 2025, air carriers may have an knowledgeable compliance interval of 90-days the place values aside from “M” or “F” within the intercourse discipline is not going to require resubmission. After the compliance interval, APIS will start returning a resubmit or “X response” which signifies inadequate data requiring resubmission, when values aside from “M” or “F” are submitted within the intercourse discipline.”
Andy Izenson, senior authorized director on the Chosen Household Legislation Heart, contacted CBP, the Transportation Safety Administration, and the Division of Homeland Safety however was unable to acquire clear solutions on how the rule will function or who will implement it. In response to Izenson, the coverage raises quite a few complicated questions with no simple options.
“It’s questionable whether or not it will likely be as much as particular person brokers whether or not they select to flag “X” gender markers on passports which can be completely different from the “F” and “M” markers that airways will now be required to enter, or whether or not the rule may stop vacationers with “X” markers from boarding worldwide flights. Land border crossings and home flights shouldn’t be affected, nevertheless,” per Izenson.
The rule may also influence worldwide vacationers with “X” gender markers. Canada, which has allowed an “X” gender designation since 2017, not too long ago joined different nations in issuing an unprecedented travel advisory for LGBTQ travelers heading to the U.S., warning that these with “X” gender markers of their passports may face denial of entry. Vacationers with an “X” marker understand this rule impacts airline knowledge, not the legality of the doc, nor the best to journey.
U.S. Passports Marked With “X” Gender
The earlier administration started issuing passports with an ‘X’ gender marker in 2021, and in some situations used a ‘U’ for ‘undisclosed.’ On the similar time, it additionally eliminated the requirement for medical documentation when updating gender markers, permitting transgender and nonbinary people to amend their passports by self-identification.
On the outset of his second time period, President Donald Trump signed an executive order titled ‘Defending Girls from Gender Ideology Extremism and Restoring Organic Reality to the Federal Authorities.’ The order mandated that U.S. passports replicate solely the intercourse assigned at beginning. The coverage has since confronted authorized challenges, and its implementation is presently on maintain beneath a courtroom keep.
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