On April 2, 2025, USCIS announced it will now only recognize two “biological sexes,” aligning its policies with a recent executive order titled Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
What’s Changed?
The announcement states that a person’s sex will be determined by what is shown on their birth certificate. If that document shows a sex other than male or female, USCIS says it will rely on “secondary evidence.” The updated policy affects all pending and new applications after April 2, 2025.
In practical terms, this means the agency will no longer recognize gender markers other than “Male” or “Female” on immigration documents, even if an applicant’s gender identity, passport, or other official documents reflect a different marker. If there is something other than “Male” or “Female” listed, or if the sex listed on the documents provided to USCIS don’t match, USCIS says it will rely on “secondary evidence” to decide which box you fit into. This can lead to confusion and delays in processing immigration benefits.
Why This Matters
It’s hard to take this policy at face value. In an administration filled with anti-vaxxers, anti-choice advocates, and men credibly accused of predatory behavior, it’s a little ironic to see them take up the mantle of “protecting women” and defending “biological truth.”
For years, federal agencies (including USCIS) have recognized people who don’t fit neatly into “Male” or “Female” boxes. In fact, the previous administration updated forms and processes to allow for an “X” gender marker and supported policies that reflected how people actually live and identify. Those changes weren’t about “gender ideology,” they were about making government forms and systems work efficiently and accurately for the people they serve.
This policy reversal does the opposite. It forces people to conform to a rigid and outdated view of gender that doesn’t reflect current medical or psychological understanding. It will create unnecessary confusion and distress for an immigration system that’s already hard to deal with. And it sends a clear message to trans and nonbinary immigrants: you are not welcome here as you are.
What Can I Do?
If you’re trans, nonbinary, or have documents with an “X” gender marker (or a mismatch between different documents), here are a few tips:
- Talk to a lawyer. An experienced immigration attorney can help you figure out how this might affect your case.
- You will likely need to select the option that best matches your other legal documents to avoid your application being delayed or rejected.
- Make sure your documents are consistent whenever possible. If you have different gender markers across documents, USCIS might delay your case or ask for more information.
Final Thoughts
This move is not about clarity, security, or biology. It doesn’t make anyone safer or the legal system work better. It is a political statement that denies the reality and dignity of trans, nonbinary, and intersex people.
The framing that this is about protecting women or children is misleading and harmful. It pits vulnerable communities against each other and uses vague, unproven fears as justification for denying people the right to be seen and recognized as themselves.
We work with immigrants every day. Many are part of the LGBTQ+ community. Some are seeking asylum because of violence they’ve experienced due to their gender identity; others are simply trying to adjust their records so their paperwork matches who they are. These are real people, not political talking points, and they deserve to be treated with basic fairness and respect.
This is wrong. And it should be called out as such. At McEntee Law Group, we will always stand with immigrants, regardless of their identities.
