Are trans people being denied entry to the us
Home / gay topics / Are trans people being denied entry to the us
U.S. We remain committed to supporting LGBTQIA+ travelers in navigating these complexities and advocating for inclusive travel policies.
For personalized assistance and the latest updates, please contact our travel advisory team.
US travel warnings: Full list of countries advising 'caution' for trans citizens visiting America amid fears over 'detention'
Full list of countries advising 'caution' while visiting US
- Austria
- Denmark
- France
- Germany
- Ireland
- Norway
- Slovakia
- Slovenia
- Netherlands
Certain countries like the UK and Canada have not issued specific advice for transgender citizens visiting America.
However, there is general guidance suggesting trans people could face issues with travel documents in countries where they are not recognised.
The UK's foreign office warns Brits to fully comply with all entry and visa requirements.
Meanwhile, France's foreign ministry tells citizens to declare their gender assigned at birth when applying for a US visa or through the Electronic System for Travel Authorisation (ESTA).
Denmark is among the countries to have explicitly stated that trans people may not be allowed entry into the US.
In Finland, advice states: "If the applicant's current sex on their passport is different from their sex confirmed at birth, the US authorities may refuse entry.
"The policy of the United States is that an individual's sex is not changeable."
Germany has also said trans citizens may face issues visiting the US.
Guidance states that those travelling must state either 'male' or 'female' on ESTA or visa applications.
Director of the organisation TransActual, jane fae, told Metro: "Confiscation of your passport and indefinite detention in an ICE facility is a real possibility."
‘Passports taken by the government’: How new State Department rule blocks trans travelers
- President Donald Trump signed an executive order requiring all U.S.
government identity documents to reflect a person's sex assigned at birth.
- The ACLU filed a lawsuit against the State Department on behalf of seven plaintiffs, who were impacted by the passport ban.
- The passport ban has caused fear and anxiety among transgender travelers, who already face safety and discrimination concerns, and has restricted their ability to travel freely.
In early January, while flying from West Virginia to New York City, Ashton Orr was flagged by airport security and accused of using a fake ID.
Orr's driver's license had been updated with a male sex designation, but his passport still listed female.
Orr was pulled aside for further questioning, and it wasn't until he outed himself as a transgender man that security let him through.
Shaken from the incident, Orr decided it was time to update his passport. Visa Application Restrictions
Following the executive order, Secretary of State Marco Rubio announced that visa applications listing a gender differing from the applicant's sex assigned at birth would be permanently denied.
Citizens Encountering Documentation Challenges
The implementation of Executive Order 14168 has not only affected international travelers but also created significant challenges for transgender and gender-diverse U.S. citizens. "You have to be really cautious when you're traveling, sometimes even while walking the streets."
Under all the changes by the State Department, transgender, nonbinary and intersex Americans who have valid passports still feel hesitant to travel.
Mikelle Cao, a Las Vegas transgender woman whose passport was updated in December, said she's nervous to even travel within the U.S.
and keeps her passport safe at home out of fear of losing it. Travelers are urged to proactively verify their documents, consult with legal experts when necessary, and report incidents of discrimination to advocacy organizations like the National Center for Transgender Equality (NCTE) or the ACLU.
Recommendations for LGBTQIA+ Travelers
Given the evolving landscape, travelers are advised to:
- Review Travel Documents: Ensure that all travel documents, including passports and visas, reflect the sex assigned at birth as per current U.S.
requirements.
- Consult Embassies: Reach out to U.S. embassies or consulates in your home country for the latest guidance tailored to your specific situation.
- Stay Informed: Monitor updates from reliable sources, such as the International LGBTQ+ Travel Association (IGLTA), for the latest information on travel policies affecting LGBTQIA+ individuals.
- Consider Travel Alternatives: If possible, evaluate the necessity of travel to the U.S.
during this period and consider alternative destinations that offer more inclusive policies.
While these policy changes present significant challenges, staying informed and prepared can help mitigate potential issues.
Check out the all new PLAY hub with puzzles, games and more!
"It's very isolating and concerning," Orr told USA TODAY. "I'm running into issues with the airline because they don't exactly have a segment in their insurance policies that handles people having their passports taken by the government," he said.
Navigating the uncertain future of his community has brought up an overwhelming mix of emotions for Orr, who is also planning to flee from West Virginia because of growing hostility.
Consequently, the State Department ceased issuing passports with the nonbinary "X" marker and halted processing gender marker changes on existing documents.
2. She was subjected to inhumane conditions and denied legal counsel during her detention.
from Mexico, highlighting the risks faced by travelers with gender marker discrepancies. Additionally, applications with discrepancies between listed gender and supporting documents are flagged with a special code ("SWS25") for tracking purposes.
3. That's kind of how I've been viewing this as we've been approaching this entire situation."
The complaint accuses the agency of failing to notify the public about the change within the required 60 days, violating the constitutional rights of transgender, nonbinary and intersex people, and discriminating against them based on sex.
After being left in a holding pattern for weeks, transgender applicants have learned their application is approved only if they accept one with their sex at birth, rendering it useless if their driver's license and birth certificate state otherwise.
"This is about people's ability to move freely throughout the world.
Retroactive Changes to Existing Passports
- Some passport holders have received notification letters indicating that their previously approved gender marker (e.g., "X") has been invalidated.
- Replacement passports issued without consultation have reverted to the sex assigned at birth, leading to confusion and distress among affected individuals.
3.
The State Department did not provide comment on the lawsuit to USA TODAY.
"There's no other way around the current passport processing system," she said. "Trans people are just trying to survive. He was required to undergo invasive physical screening procedures, resulting in a missed flight and significant emotional distress.
These cases highlight the real-world implications of the recent policies, particularly for U.S.
citizens navigating increasingly complex and discriminatory documentation requirements. Many LGBTQ+ travelers already face safety and discrimination concerns, said Matthieu Jost, who founded misterb&b, a travel platform that has vetted more than 2 million accommodations worldwide that welcome LGBTQ+ travelers. On behalf of seven plaintiffs, including Orr, the ACLU, the ACLU of Massachusetts and the law firm Covington & Burling LLP filed a lawsuit Feb.
7 against the State Department to pause the policy.
"The Trump administration is not going to stop here with passports, with identification measures," said Orr. "This is truly about control at the end of the day, and if we aren't going to stand up and push back against this, then who's going to? These changes have profoundly impacted both U.S.
citizens and international LGBTQIA+ travelers.
Key Policy Changes Affecting LGBTQIA+ Travelers
1. But they've always existed through our entire human history, and they'll always be here."
The first hearing is set for March 25 at the U.S. District Court for the District of Massachusetts, and until then, there's not much travelers can do regarding "the muddled policy," Fruitwala said.
Jost, a gay man, created the platform after he and his partner faced discrimination from a vacation rental host in Barcelona in 2014.
"You have to do a lot of research, more than the general population," he said of the LGBTQ+ travel experience.
Almost immediately, all applications for gender changes or the "X" gender marker – an option since 2022 to accommodate nonbinary or intersex people − were suspended. "Receiving a passport that misgenders me is not just a clerical error; it's a profound denial of my identity and my existence.