The order directs the Secretaries of State and Homeland Security to modify passport, visa, and Global Entry policies to reflect only the sex designations male and female, which the new administration has defined in a very restrictive way.  

Some changes have already happened. And, the order sets various implementation timelines: agencies have 120 days to report on their implementation plans. However, like any executive order, it may face legal challenges that could affect timing and implementation.   

Not at this time. The Trump Administration has stopped issuing Passports with X markers. ACLU has pending lawsuit on the Passport Policy. Learn more about Orr v. Trump.

Not at this time. The Trump Administration has stopped processing changes of gender markers on Passports and CRBAs. 

ACLU has pending lawsuit on the Passport Policy. Learn more about Orr v. Trump. There is no litigation currently pending about CRBAs but we will update this as things may evolve.

Yes.  As of now, one can still change a name on federal documents. 

Online guidance from the Social Security Administration (“SSA”) states that one must change their name with the SSA after changing their name in probate court. We are not aware of any penalties for failing to update with the SSA (for example, it is not one of the listed reporting responsibility items for those receiving Supplemental Security Income), nor are we familiar with any set deadline for updating SSA. 

That said, not having an up-to-date name with the SSA could result in revocation of a driver’s license listing an inconsistent name (see Leone v. Commissioner, Indiana Bureau of Motor Vehicles, 933 N.E.2d 1244 (2010)), trouble providing a List C document for Form I-9 employment authorization procedures, or a private identity verifier receiving an SSA “no-match letter” when checking your identity for employment or medical purposes. Accordingly, it is suggested that people update their name with the SSA after getting a legal name change in court. 

We are not aware of a requirement to reflect a legal name change on a non-expired US passport. U.S. Customs and Border Protection advises that U.S. citizens and lawful permanent residents “should carry [certified] proof of their name progression such as… court documents showing a legal name change.” 

Applicants for a new or renewed passport should not falsely use their prior legal name on their application, as the Form DS-11 and Form DS-82 require that “the statements made on the application are true and correct.” 

Trans and nonbinary people have reported increased delays or interrogation when traveling internationally with mismatched IDs. Having the correct and current name on a passport can also be helpful for purposes such as providing a List A document for Form I-9 employment authorization procedures. Despite these potential challenges, in the short term, we recommend that people who are able, wait to seek any non-urgent changes to their U.S. passports until more guidance is available from the State Department and the courts (see below). 

As of now, these unexpired documents remain valid.  They may issue further policies.  As the situation evolves, we will update you.  We have no indication that people are unable to travel with these documents or with federal documents that may be inconsistent with state documents. 

If you are a U.S. citizen born abroad and have a Consular Report of Birth Abroad, you can no longer change your gender marker on that record. 

If you were born in the U.S., state law determines whether you can amend your gender marker.  This EO did nothing to change state law.  If you can amend under your state laws or rules, you can still amend.  

Keep in mind that at this point you cannot ask for an X marker, and you cannot ask for a gender marker change.  When you are applying for a Passport or seeking to renew your Passport, you must respond truthfully to questions about your designated sex at birth or risk having your application denied. 

However, given the uncertainty here with the pending ACLU lawsuit, and the potential for positive developments, we recommend that, absent specific individualized circumstances, you should wait to seek any non-urgent changes to your U.S. passports as this case develops and seek the advice of an attorney for any specific individualized circumstances. If you apply for a new Passport or a renewal, as with any Passport process, the agency may retain your documents for some time.  Please make sure to keep certified copies of any identity documents you submit so that you have valid identification during the application process. 

The order doesn’t specifically address existing passports. Until new policies are announced, previously issued documents should remain valid through their expiration dates. Trans and nonbinary people have reported that upon renewal of their passport, the gender marker has been changed to birth sex.  We recommend that people who are able, wait to seek any non-urgent changes to their U.S. passports until more guidance is available from the State Department and the courts. The matters are currently being litigated and there may well be changes coming in the future. We will continue to monitor developments around this order closely and will update this document as we learn more information. 

Nothing in the executive order suggests people with nonconforming gender markers on valid documents should be turned away from a flight. GLAD Law is monitoring developments around this order closely and will update this document as we learn more information.  

The executive order means you will not be able to change your sex marker on your passport to reflect anything other than birth sex. ACLU has pending lawsuit on the Passport Policy. Learn more about Orr v. Trump.

Nothing in the executive order suggests people with nonconforming gender markers on valid documents should be turned away from a flight. GLAD Law is monitoring developments around this order closely and will update this document as we learn more information.  

GLAD Law is closely tracking developments, and we are not able to provide insights into this at this time.  People should make individual assessments of best next steps for them and as we learn more about how federal policy is being changed to conform to the administration’s directives, we will share more.