There is a lot of variability in people’s experiences at this time and a lot of uncertainty about passport updates, particularly gender markers, so this document serves to try and clarify what we can. There have been mixed reports from trans folks currently going through the process, so we don’t know what the outcomes will be for all applications that have already been submitted. The official communication at this time is that gender marker changes on passports will no longer be accepted and organizations have recommended that trans folks no longer submit applications for gender marker changes on passports. The information below is our best attempt to put together what we can on this topic, but please know that this is an evolving and changing situation that could vary from person to person depending on what steps you are seeking to take.
What we know:
Possible confiscation of documents: Some US passport agencies are being directed to confiscate passports and/or supporting documents for anyone trying to update their gender marker on their passport. There have been some reports of passport requests being suspended and threats about seizing/holding supporting documents such as changed birth certificates. If your passport gender change request is underway, keep any notes and documentation of any interactions of this nature including time, date, agency, specific address, names, and under what authority they are confiscating. Check the status of your passport application here: https://passportstatus.state.gov/
Border crossing: At this time there have been no widespread reports of problems with border crossing with previously changed documents. However, there have been some isolated accounts of those with a passport with an X gender marker struggling to enter the US. At this time, it is recommended to make a safety plan if you seek to cross borders just in case. This includes: planning for unexpected detainment, making sure someone knows where and when you are crossing, and carrying emergency contact information.
X Gender Markers on Passports: The State Department will no longer issue passports with the X gender marker. The State Department will now only issue passports with a gender marker that matches the person’s sex assigned at birth as either male or female. Existing passports with an X are still valid. At this time, the reports we've seen say that those who are submitting for an X gender marker on their passport are having their gender marker changed to reflect their sex assigned at birth.
Gender Marker Changes on Passports: The State Department will no longer allow for individuals to change the gender marker listed on their passports when they have already been issued a previous passport. An existing passport is still valid, but renewals would not be processed unless reflecting one’s sex assigned at birth. The guidance from organizations at this time is to not submit any requests for gender marker changes on your passport.
Passport Renewals Without Gender Marker Updates for Existing M and F Gender Markers: Some people are reporting that if they are simply renewing their passport without making any changes (meaning you already had a passport with your updated legal name and a gender marker of M or F and this was your first passport, meaning you do not have a record of having changed your passport in the past) that they did not encounter any issues with this and it was processed. We have seen others who have had their passport reverted to their sex assigned at birth too when renewing their passport and not requesting any changes. It seems that the system is now catching anyone renewing as well and flagging if there are inconsistencies between their request (even if not requesting a change) and their sex assigned at birth. If your passport is currently accurate, folks are encouraged to wait as long as you can to renew it in the hopes that some of the legal challenges can address this before you submit your info.
State Policies: Executive orders do not impact state policies or most state IDs.
Enhanced IDs: Michigan residents can apply for an Enhanced License or ID. Enhanced license or ID can be used in place of a U.S. passport to re-enter the United States by land or sea from Canada, Mexico, Bermuda, or the Caribbean. It is a good idea to get this to give you mobility if needed.
Name Changes on Passports: You are still allowed to update your legal name on your passport and this is not something that is being prevented, to our knowledge. In order to do so, you must send in a certified copy of the court ordered legal name change or marriage license (if applicable) along with the relevant application. More certified copies of your name change order can be obtained from the county clerk’s office for a fee, if you need additional copies. It is possible that, if you have changed your gender marker, submitting for updating your name might also result in the State Department also reverting your gender marker to your sex assigned at birth.
What we don’t know:
We don’t know what variance is occurring across different locations of passport application and issuance. Some application facilities are under federal jurisdiction and some are not. However, the current federal policy is to no longer allow gender marker changes on passports.
We don’t know how long this suspension will last for any applications that are currently being processed.
It is unclear if further action will be taken to invalidate existing passports with an X gender marker or those that have a history of a gender marker change.
The executive orders impacting the trans community are likely to be challenged in court, but we don’t know for sure and certainly don’t know what the outcomes will be.
Questions to ask yourself as you make decisions about what is best for you:
Michigan recently passed laws protecting name and gender marker changes in this state, but so far 4 states have banned gender marker updates on state IDs. It is important to consider what states you might live in or visit over the next few years.
REAL IDs are required by May 7th in order to fly domestically. If you still need to get a REAL ID and you need to show your birth certificate or passport, could this cause an issue? This is likely to be state specific, and Michigan ID holders are not likely to have an issue in this regard.
How many of your forms of ID match? Do you have two forms of identification besides your passport that match that you could show for legal applications such as loans, employment, or housing?
There are very few circumstances when you would ever be required to present both your passport and your state ID.
Some trans and nonbinary people like to have IDs with different information on them so they can choose which to use in any given situation to promote their privacy and safety.
If you are unable to change your passport gender marker in the future: is it more important to you that all of your documents match or that you have an ID that you can show people that matches your gender identity?
What name and gender on your ID would make you feel the best and most safe at this time? What name and gender on your ID would make you feel the best and most safe when traveling?
There are a lot of nuances to these decisions and aspects that are important vary across people. Concrete conclusions are hard to draw at this point for certain situations given a lot of the confusing messaging and lack of specific policies on some of these points. We will do our best to update this information as more details become relevant.
Comments