Note: This page will be routinely updated with new information as we learn and can confirm it. Last updated February 26, 2025.
Transgender, gender-nonconforming, nonbinary, and intersex people (TGNCNBI) might be wondering what they should know about various identity documents following the sex and gender executive order issued by Trump on January 20, 2025. As various federal agencies take steps to implement the discriminatory Executive Order, we have compiled this resource to share basic information, review things you may want to consider moving forward, and offer additional resources available to help the TGNCNBI community.
Keep in mind that this is not legal advice. So, if you can, it is strongly recommended to get legal advice about your situation from an attorney licensed to practice in your state.
U.S. Passports and Consular Reports of Birth Abroad (CRBA)
Things to know.
The Trump administration has changed the available gender marker options for U.S. passports and CRBAs. Among other actions, the Executive Order instructed the Secretary of State to implement changes that would effectively deny accurate passports to transgender, gender-nonconforming, nonbinary, and intersex people. On January 23, Secretary of State Marco Rubio told the State Department employees that applications requesting X gender markers and applications requesting gender marker changes (from F to M or M to F) should be “suspended” until further guidance could be issued.
On February 8, 2025, the State Department issued a Directive explaining that when an applicant requests a change in the sex marker, the passport official must determine “the applicant’s biological sex at birth.” If an applicant requests an X marker on their passport or CRBA, the marker must be changed to M or F depending on the evidence submitted with application, along with potential review of “relevant Department databases” to “best determine” the applicant’s sex assigned at birth. This Directive applies to all in-progress passport applications as well as future applications received as of February 7, 2025.
Important, U.S. passports and Consular Reports of Birth Abroad that have already been issued (including those with the X gender marker) remain valid until replaced or expired.
Legal Challenges
On February 7, 2025, the ACLU filed a lawsuit challenging the discriminatory Passport Policy on behalf of seven plaintiffs and, if permitted by the court, two “classes” of people: those wanting to change their gender marker to X on their passports and those seeking a gender marker change to M or F. At the early stages of this case, a request was made to halt the Passport Policy as the case moves forward. A ruling by the Court on the request to halt the Passport Policy which is not scheduled until March 25 or later, may require changes to the suggestions contained in this resource, which will continue to be updated.
Lambda Legal continues to evaluate additional legal challenges to the Passport Policy and/or other barriers to securing or using accurate identity documents.
Actions to consider.
When it comes to a particular course of action, there is no perfect decision, only the decision that is best for you. Next steps likely depend on a consideration of your individual circumstances, including what you might use or need a passport for, the likelihood of upcoming international travel, and your safety preferences and risk tolerance.
Below are a few common scenarios that TGNCNBI people are encountering right now related to passports, along with our insights on how to navigate them.
Scenario #1: I have a valid (unexpired) passport. Should I apply to renew my passport, or apply to change the gender marker right now?
Response: Probably not. TGNCNBI people who have a passport that does not expire in 2025, regardless of whether the name or gender marker is correct, should not renew a passport or apply to change their gender marker or name (see below for concerns regarding name updates) on a passport book, passport card, or CRBA at this time. If a court puts a temporary hold on the discriminatory Passport Policy, you might have an opportunity to safely renew or change your gender marker.
Reason: First, an unexpired passport remains a valid travel and identity document, regardless of the gender marker. In a recent update to the State Department website, the agency confirms that “[a]ll passports – including those with an X marker or those listing a sex different from your sex at birth – will remain valid for travel until their expiration date, under International Civil Aviation Organization (ICAO) policy.” Although there is no guarantee that federal agents or border officials will honor this statement, some people are taking the precaution of traveling with a printout of the State Department’s webpage linked above to show anyone questioning the validity of their passport.
Second, we are hearing that TGNCNBI community members who already had a correct gender marker and applied to renew an unexpired passport have gotten a new passport returned to them with a nonconsensual gender marker change to their sex assigned at birth.
IMPORTANT NOTE: As of February 26, 2025, Lambda Legal has not received, and is not aware of ANY confirmed reports of TGNCNBI people experiencing complications with leaving or returning to the United States with an unexpired passport, including people with X gender markers.
Advisory: If you haven’t been able to update the name on your passport, you should always bring proof of your legal name change during your travel, like a court order or marriage certificate. The name on your passport needs to match the name on your airline travel tickets and lodging reservations. Many countries require that your passport be valid at least 6 months beyond the dates of your visit, so be sure to check the requirements for the countries to which you are traveling.
Scenario #2: I applied to update the gender marker on my passport or renew my passport which already had a corrected gender marker. What gender marker will I get on my new passport?
Response: Because the State Department is no longer correcting sex designations on U.S. passports to match a person’s gender identity, it seems likely your passport gender marker will be reverted to your sex assigned at birth. It is our understanding that the State Department has resumed processing passport applications that were pending or otherwise received shortly after the issuance of the Executive Order on January 20, 2025. We anticipate processing times will vary and some TGNCNBI people may experience continued delay in processing of their passport application, including applications where a fee was paid for expedited processing. Expect that your identity and citizenship evidence submitted as part of the application will be returned separately from the passport.
Reason: State Department officials are following the discriminatory Executive Order and Passport Policy, both of which have been challenged in Court. If a court puts a temporary hold on the discriminatory Passport Policy, you might have an opportunity to safely renew your passport that already has a correct gender marker or change your gender marker to the correct one for you.
Advisory: We are aware of, and have received, confirmed reports that TGNCNBI people are receiving passports with their gender markers nonconsensually altered to reflect their sex assigned at birth. This includes people who sought to renew their passports, replace an expired or lost passport, or applied to correct the gender marker on their passport.
Scenario #3: I have upcoming international travel and have an expired passport or a passport that expires before my travel plans.
Response: To travel internationally, you must travel with an unexpired passport with a name that matches the name on your travel tickets. Consider which is of higher importance to you currently: being able to take your international travel (likely with an incorrect gender marker on your passport) or having a passport that is entirely correct but not being able to travel internationally.
Reason: While you should not have to make this choice, and we name the discrimination and injustice in your having to do so, only you can know if you are better able to manage traveling with an incorrect gender marker on your passport or missing your international travel.
Advisory: There are many TGNCNBI people who never correct the gender marker on their passport (for a variety of valid reasons) and still safely travel internationally. There are also TGNCNBI people who will not travel with an inaccurate gender marker because of how that impacts them and because they are concerned about experiencing, or have experienced, safety issues that they find difficult to manage. The is no perfect choice, only what is best for you.
Scenario #4: I need to update my name on my passport after getting a legal name change in my state of residence. Should I do so now?
Response: It depends.
- If you have never had a passport before, including not when you were a child AND you have updated all your other identity documents including driver’s license, social security record, AND your birth certificate has been amended but does not say “amended” on it, you could consider applying for a new passport. This route still carries risk. For example, the passport application form (DS-11) asks for all prior names used and your honest completion of that request may subject your application to further scrutiny even where all your documents are corrected and aligned.
- If you have ever had a passport before, even as a child, and it showed your sex assigned at birth, you should consider not pursuing an update to your legal name on a new or renewed passport at this time as you likely risk the gender marker being incorrectly reverted.
Reason: We are aware of, and have received, multiple reports of TGNCNBI people who sought only a name change on their passport receiving back passports where the State Department nonconsensually changed their gender marker to their sex assigned at birth.
Social Security Records
Things to know.
As of January 31, 2025, the Trump administration has directed the Social Security Administration to stop processing gender marker updates associated with social security records. If you apply for a gender marker change with Social Security now, you will likely be told that they cannot process your request.
State Identity Documents
Things to know.
State-issued forms of identification, such as birth certificates and driver’s licenses, are not affected by the Executive Order.
Actions to consider.
It is important to consider where you live and, if possible, to get legal advice specific to your situation before starting gender marker and/or name changes. The processes vary state-to-state for obtaining a legal name change and for updating gender markers on state identity documents such as birth certificates, driver’s licenses, or state ID cards. You can start by reviewing the detailed information about federal and state identity documents offered by Advocates for Trans Equality, The Movement Advancement Project, and Trans Lifeline.
Accessing Legal Help
Things to know.
Many attorneys who specialize in helping LGBTQ+ people are making themselves more available to support TGNCNBI people during this stressful and frustrating time. If you need help, don’t be afraid to ask.
Actions to consider.
Contact your state’s LGBTQ+ Equality Group for connections to attorneys in your city or state. Look to the website of the State Bar Association in your state which often has an “LGBTQ” or “Civil Rights” interest group which can connect you to lawyers in your state. The National LGBTQ+ Bar also might be able to provide contact information for LGBTQ+-friendly lawyers in your area or a local bar association that provides attorney referrals.
Contact Lambda Legal’s Help Desk for additional information about your situation. The Help Desk does not give legal advice but usually has helpful information, can assist you to understand information you find online, and might have contact information for lawyers in your area with expertise relevant to your needs.
If you are in crisis.
Lambda Legal’s Help Desk is not able to assist with emergencies or immediate requests for legal assistance. Please contact a crisis hotline or any legal service provider that is equipped to provide emergency assistance. Here is contact information for several of our partner organizations. Keep in mind these lines are not branches of Lambda Legal and are instead resources for crisis intervention.
- LGBT+ National Hotline www.LGBThotline.org 888-843-4564
- LGBT National Youth Talkline www.LGBThotline.org/youth-talkline 800.246.7743
- LGBT National Senior Hotline www.LGBThotline.org/senior-hotline 888.234.7243
- Trans Lifeline https://www.translifeline.org/hotline 877.565.8860
- The Trevor Project https://www.thetrevorproject.org/get-help-now/ 866.488.7386
Remember that you do not need the government’s permission to exist.